Drug Possession Crime Attorney
The investigation and prosecution of drug possession and drug distribution is a well-funded and strongly supported area for law enforcement. Generally, the public is very interested in limiting the number of illegal drugs that are available on the street. Therefore, elected officials, ranging from county commissioners to the governor, are very willing to offer their support for these investigations. The result of which is a very well-funded, well-trained, and well-equipped division within police departments and the district attorney’s office. Detectives and prosecutors dedicate their entire careers to the investigation and prosecution of illegal drug trafficking. As such, if you are the target of this type of investigation, you are in immediate need of experienced and confident legal representation.
Detectives and prosecutors utilize sophisticated technology as well as human assets (confidential informants) to investigate and ultimately prosecute drug delivery cases. Drug delivery and trafficking investigations involve wiretapping, cell phone analysis, countless search warrants, phone records, cell tower analysis, video surveillance and analysis of electronic devices. Before law enforcement can carry out any of these investigative tactics, they need to have the appropriate amount of evidence establishing, at a minimum, probable cause that they believe evidence of a crime will be located within the location or device to be searched.
If law enforcement discovers evidence of a crime on a device, in a home, or in a car- that is just the beginning of our analysis. If your home, car, electronic devices or person was searched, pursuant to a search warrant or court order obtained by law enforcement, you should immediately contact an attorney to review the evidence with you and hopefully develop a reasonable basis for a motion to suppress the evidence obtained by law enforcement. If the police did not have sufficient evidence to search your property, it is possible to file a motion to suppress and possibly keep that evidence out of court.
Drug Possession Defense Attorney
County prosecutors and detectives are also dedicating an enormous amount of human and financial resources to the investigation of a crime called Drug Delivery Resulting in Death. In Pennsylvania, if a person delivers an amount of a controlled substance to another individual and that individual ingests that drug and ultimately dies due to the drug, the individual who delivered the drug can be charged with a felony of the first degree. It is a very serious offense, for which a conviction after trial will almost certainly result in a significant state prison sentence.
The maximum penalty under this statute is 20-40 years imprisonment. These investigations require and attorney who can break down the very fine details of an investigation. These investigations are handled by highly trained detectives and prosecutors, as such, your attorney needs to be equally prepared to handle the case. Many times, a trial on this charge necessitates expert testimony, which will help to break down cause of death and other potentially contributing factors. Anything to cut against the Commonwealth’s theory that the ingested drug caused the death. If you are under investigation for this offense, call right away for a consultation.
Another reality is that many drug cases arise out of an addiction. An individual could be battling an addiction for years, which is incomparably difficult. In my many years as a prosecutor and now a defense attorney, I learned first-hand what the difficulties of addiction look like and how a person’s addiction and efforts at treatment come into play during the court process. Our courts understand that addiction is real and that it is tremendously difficult to overcome.
For many people addicted to drugs, subsequent drug possession charges can be resolved through a diversionary court program. Imagine a traditional criminal prosecution is a highway leading to the ultimate destination of a trial or a guilty plea- a diversionary court is an offramp from that highway. For example, Drug Courts or Mental Health Court. If an individual suffers from a drug or alcohol dependency, the district attorney’s office and the courts provide opportunities for defendants to enter these diversionary programs. If a defendant successfully completes a diversionary program, it is possible to have all charges dismissed and the record expunged. This is a wonderful opportunity for certain defendants.
If you are under investigation for drug possession or drug delivery, contact us right away to obtain immediate advice on the most strategic path forward that protects you and your family.