Montgomery County Drug Trials
Montgomery County typically handles sentencing for drug-related crimes very seriously because of the opiate epidemic and a connection with drug possession and driving offenses. The drug offenses carry high maximums for intent to deliver narcotics. For repeat drug offenses, the maximums go up.
Those who have been accused of violating a narcotics offense should reach out to a skilled drug attorney. They could help you understand the nuances of Montgomery County drug trials.
Where are Montgomery County Drug Cases Heard and How Long Does It Last?
Montgomery County drug cases are typically heard at the local township’s Magisterial District Courts for the first hearing. At the local courthouse, a judge would hear their preliminary hearing, or the attorneys would go to waive the preliminary hearing if there is a reason not to have it. After that, all cases are sent to the Court of Common Pleas Courthouse in Norristown. That is where the case would be heard by one of the Common Pleas judges that sits in that courthouse.
Case Timeline
Drug offense cases in Montgomery County typically take from 90 days to 365 days or more to be resolved. The cases in Montgomery County, once arrested and formally charged, continue to get continuances and stick around until they go to trial or are resolved by negotiation. So the case would come back every month or every two months for a hearing until it is disposed.
Differences Between Bench and Jury Trials
Montgomery County drug cases could be bench trials or jury trials. Whether to have a judge trial or a jury trial depends on the major issues in the case. There are different strategic reasons for having either type of trial. For example, if there was a legal issue about the law that someone could not be convicted based on the evidence that the prosecution provided, it would be a judge trial. A judge could quickly evaluate the settled law in that area and agree with the defense attorney that the law prescribes this person be found not guilty. That is if both parties agree on the facts and the issue with the law that’s in dispute.
If the facts are in dispute or the credibility of someone is challenged, it might be a jury trial. Sometimes an assistant district attorney and a defense attorney will not agree about the credibility of a witness, and there will be no legal case law to decide the issue.
The penalties, the stress, and cost of a trial by judge and jury are different. That is why it is a strategic choice to consult with a seasoned attorney about Montgomery County drug trials.
The Prosecution’s Case
In Montgomery County drug trials, the prosecution needs to prove at least two to three pieces of evidence. It is always dependent on what the prosecution is trying to prove specifically. They would need an arresting officer, someone who could testify that the defendant had possession of the drugs, either in their car, in their house, or physically in their hand. That would be testimony from an arresting officer regarding possession.
Additionally, they would need some scientific evidence, which is usually a lab test or drug test that was done to prove that it is a controlled substance. If someone is arrested with what appears to be marijuana but is actually Oregano, they could not be found guilty based on that evidence. The prosecutors would need both the testifying witness for possession and the scientific evidence as to the type of drug to find somebody guilty in simple possession cases.
For the third piece of evidence, if possession with intent to deliver (PWID ) is charged, then additional evidence must be provided to show the intent of the person charged. This could be testimony about drug surveillance operation from a different police officer or even a civilian witness. Depending on the type of case and quantity of drugs recovered, this could also be expert testimony that a certain quantity of drugs is more than a personal supply. The more complex the charges, the more evidence is required to find someone guilty. A judge will instruct that for most cases, the credibility of one witness, if it covers every part of the crime charged, will be enough to convict a defendant.
Common Types of Evidence Presented in Court
Evidence that is typically presented in Montgomery County drug trials would be evidence of possession through a testifying police officer, surveillance, or some other form of testimony. They would also prove the controlled substance aspect through scientific testing of the drugs recovered to prove that they are listed on the controlled substance list of what is prohibited. It is at least a two-part presentation by the prosecution. Additional evidence is used to prove their case such as recorded video statements, surveillance video, signed confessions, civilian witness statements, a display of what was recovered, and testimony from expert witnesses.
Contesting A Case
Several elements can be contested in Montgomery County drug trials depending on the type of case. One of the biggest areas usually contested at trial is the knowledge and possession aspect. Often, a defense attorney is not challenging that the drug is on the controlled substance. The real argument is whether the defendants knew or should have known that drugs were present in their house, car, or backpack. There also might be defense evidence or defense witnesses that rebut the prosecution and tell an alternate story about what happened at the time of the arrest.
How an Attorney Could Help With Montgomery County Drug Trials
The main constitutional issue in Montgomery County drug trials is the Fourth Amendment due to whether someone was stopped and whether they were searched illegally. Drugs are small, easily hidden, and usually not displayed openly for all to see. Often, when they are discovered, the police had to do some digging to find them or go through someone’s pockets. Skilled defense attorneys will challenge whether the search was legal and in accordance with the relevant law.
Let a diligent attorney be your advocate during Montgomery County drug trials. Schedule a consultation today to discuss your case.