Drug Defense Attorney in Philadelphia
If you were charged with a drug offense in the Philadelphia area, you need an experienced criminal defense lawyer like Mark Hauser. Our law firm handles a wide range of drug-related cases, including illegal drug possession, trafficking, manufacturing, intent to distribute, and more. We use aggressive defense strategies that are aimed at reducing your charges and helping you avoid prison time. Whether you require help from a skilled DUI defense lawyer in Philadelphia or a drug-related felony, our law firm is here to help you get the best representation possible.
Types of Drug Crimes a Defense Lawyer Handles
Drug charges may relate to any type of drug, ranging from prescription drugs to illegal substances like cocaine, heroin, methamphetamine, fentanyl, and others. Here are some of the drug crimes a defense lawyer handles for clients:
Drug possession: Those charged with possession typically have illegal drugs on their person when they are arrested or charged. If someone has these illicit substances in their control, they will most likely face a possession charge. The law does permit people to have possession of controlled substances, but only when they have a valid prescription from a doctor. If someone has controlled substances on them without a prescription, they could still face illegal possession charges. Possession of drug paraphernalia may also be considered a crime in some jurisdictions, even if no drugs were found.
Trafficking: Drug trafficking refers to someone who sells, trades, or exchanges illegal scheduled drugs, even if they are prescription drugs. In most states, trafficking is a felony offense and becomes more serious if a large amount of drugs are found. Even smaller drug deals could result in a felony charge, depending on the defendant’s criminal record and other factors. Federal drug trafficking penalties are higher if the drug dealer or trafficker uses a firearm while selling drugs.
Manufacturing: A drug manufacturing charge includes any part of the production of an illegal drug. This may include the manufacturing of illicit drugs like methamphetamine, or it might even involve someone who is growing marijuana illegally. The details and scope of drug manufacturing vary based on state, local, and federal law. A felony conviction of drug manufacturing may result in a very lengthy prison term, which is why it’s so important to hire the best attorney possible to defend your case if you face this charge.
Common Defenses in Drug Crime Cases
An experienced defense attorney may use certain defenses in your Philadelphia drug crime case, depending on the circumstances. Here are some common defenses that your lawyer might use in your case:
Unlawful search and seizure: Law enforcement must follow strict rules whenever they search a person, their vehicle, or their home. Evidence can be suppressed if a lawyer discovers that the drugs were found during an illegal search that violated the defendant’s Fourth Amendment rights.
Lack of possession: The prosecutor must prove that the defendant had control over the drugs. Even if they were near the drugs, it does not always mean that they were in possession of them so they may not be guilty of a crime.
Drugs belonged to another person: In some cases, your lawyer may be able to prove that you were not aware of the presence of the drugs, or they might be able to prove that the drugs actually belonged to someone else.
Lab analysis: The prosecution must prove that the substance is a controlled substance, and any lab errors that result in inconsistent or inaccurate results could result in a dismissal of charges.
How a Drug Defense Lawyer Can Help Your Case
Hiring an experienced drug defense lawyer familiar with Philadelphia laws can help you with your case. Mark Hauser knows the law well, and he has over 30 years of experience defending a wide range of cases, including drug possession, trafficking, manufacturing, and more. He is also a highly experienced homicide attorney in Philadelphia, so you know that your case will be in good hands. Even if you are charged with a crime, it’s crucial to hire an attorney who understands the law and knows how to aggressively defend you in court.
Your Rights During a Drug-Related Arrest
Facing a drug-related crime is stressful, but it’s important to know your rights under the law. Challenging the legality of searches and seizures is often a key part of a good defense strategy. A qualified attorney will be able to determine if your rights may have been violated under the Fourth Amendment. Any evidence obtained under an illegal search could be thrown out, and your attorney will help to determine whether the search was conducted without a proper warrant or if any other exceptions apply. Police must have probable cause to conduct a search. If they don’t, your attorney could argue that the search was unjustified, which would make the evidence inadmissible in court.
Your attorney may also find weaknesses in the prosecution’s case that will help to build a stronger defense for you. The authorities must prove that their claims are beyond a reasonable doubt. Your attorney should look for any gaps or mistakes on the prosecution’s side. That might include issues with how the evidence was handled, problems or inconsistencies with witness statements, or errors in the case process. Even if evidence is handled incorrectly, it could help to improve the outcome of your case. No matter what, you should always know your rights not just during a drug-related arrest, but also during your court case as well.
Potential Penalties for Drug Offenses
The penalties for drug offenses in Philadelphia vary. However, possession of a controlled substance can result in up to one year in jail and a $5,000 fine for an initial offense. Subsequent offenses are still considered a misdemeanor, but you may still face up to three years in jail and a $25,000 fine. Possession, manufacturing, or delivering a controlled substance has mandatory minimums in Philadelphia, but they are determined based on the type of drug. For example, someone with a small amount of cocaine could face up to one year in jail, but someone with a small amount of heroin will face up to two years in jail. Someone convicted of a drug related crime in a school zone in Philadelphia may get an additional two years in jail. People found in possession of a firearm may see a sentence of five years in jail.
Expungement of Drug Offenses
You may be eligible for expungement of drug offenses in Philadelphia if certain criteria are met, including:
The offense is a second or third-degree misdemeanor
You have not had any arrests or convictions for at least 10 years
You have no felony convictions, first-degree misdemeanor convictions, or second-degree simple assault charges
You have less than four misdemeanor convictions
All fines and other costs associated with your convictions are paid
You must also file for expungement by filling out Form SP 4-170 and mailing it to the Pennsylvania State Police Central Repository. Include a certified check or money order for $20, a copy of your government-issued photo ID, and any other applicable letters or representation or affidavits. You’ll need to follow up with the Clerk of Courts in the county where your arrest took place to find out how to petition the court for expungement.
No matter what drug charge you face, it’s crucial to have a skilled, experienced attorney by your side. Not only does your lawyer know the current laws in Philadelphia, but they also know your rights and how to help you get the least amount of jail time and other penalties allowed under the law.
It’s crucial that you don’t allow a drug charge to prevent you from getting the best representation from a skilled attorney in Philadelphia. If you’re facing drug charges, be sure to get in touch with Mark Hauser for a consultation at (267) 584-4093 or contact us today!