Building a Montgomery County Drug Defense
The penalties for drug possession could be severe in Pennsylvania. Individuals could face jail time and hefty fines. It is best to seek help from a skilled drug possession attorney who has experience handling narcotic cases.
Individuals should speak to a tenacious attorney to learn about your rights, your legal options, and how to fight the charges. They could review the prosecution’s case, gather evidence, and speak to witnesses to start building a Montgomery County drug defense.
Elements of a Drug Possession Case in Montgomery County
The first thing a person should know is that the laws for drug possession are strict and has a stringent enforcement policy. Whether it is one bag of heroin or 18 bags of heroin, individuals could be subject to the same maximum penalties. The penalty is not graded on the amount or circumstances of possession but instead graded on the charge. Individuals should pay attention to the charges and consult a drug possession lawyer as soon as possible. They need to talk to a lawyer about all of the aspects of their case and whether the prosecution will be successful against them, and if so, what should they do.
There are several factors an attorney will look at when building a Montgomery County drug defense. The diligent drug attorney will look to see if the defendant was stopped illegally, if the substance they possessed was a drug, if they had a prescription, or they were reporting an overdose which falls under the Overdose Protection Law. They would also investigate to determine whether the narcotics would be visible from outside a car window, whether the drug will have a detectable odor through packaging, and how much money if any indicates someone just sold a certain amount of recovered drugs. This can go a long way in challenging the arresting officer’s version of events and if necessary, to impeach their credibility.
Finally, a person facing these charges should not approach the prosecutor or a judge outside of court to try and explain themselves. Instead, they should have a lawyer contact the prosecutor or their judge and try to present any evidence or mitigating information that will be helpful to their case.
Mistakes To Avoid In Narcotic Possession Cases
The biggest mistake in drug possession cases is to flee or resist the police officers because that can add extra charges and generally make an individual’s case less sympathetic and harder to fight. If someone is being arrested for drug possession even if they do not necessarily agree with the arrest, they should not flee or try to resist with physical force, instead, they should consult an attorney.
Additionally, they should avoid making statements to the police officers. This includes making statements about where, why, or how they came to possess drugs. Any of those statements could be seen as admissions of guilt and used against them at trial. Detailed knowledge of controlled substances could help an attorney when building a Montgomery County drug defense. Attorneys have the ability to consult with drug experts, and after litigating many drug cases in court, they should be familiar with the size of a heroin packet, price of street drugs, and how they are generally ingested.
Someone who has been accused of drug possession should not delay in contacting someone and finding out who they want to be their legal representative. It is best to discuss a case with a drug lawyer who will confidentially go through the facts, go through the details, be on their side, and able to litigate the case on their behalf.
How A Drug Possession Attorney Could Help
A person will want to contact an experienced drug possession attorney early on because if they are a first-time offender with a limited criminal history, there might be certain diversionary programs that they would need to apply to early on in the process. If the individual applies too late, they might lose the chance to get into these programs. So it is important that if you are interested in any diversionary program that you start earlier rather than later.
For people concerned with fighting their case at every step of the way, contacting a lawyer before your preliminary hearing will allow the attorney to be with the case from the very beginning. That means they can make strategic decisions about what questions to ask, discovery to request, and motions to file. And if there is evidence related to an illegal stop, it must be collected, photographed, and witness statements need to be taken. Speak to a knowledgeable attorney to get started building a Montgomery County drug defense.