What Makes Montgomery County Drug Cases Unique

Montgomery county drug cases are intimidating because of the penalties faced even for a first-time drug offense. These charges come with a possible loss of license and other collateral consequences such as possible immigration consequences if someone is arrested while in the United States on a Visa. Additionally, these charges come high fines and possible jail time even on a first offense. In Montgomery County, a person charged with drug possession can get up to one year in prison and $5,000 for a first-offense possession of a controlled substance and up to three years in prison or fines up to $25,000 for a second offense.

Often the only witnesses needed to bring the charges usually are the police officers who stopped the person. An arrested person may not know where to begin in challenging police bias or lack of proper investigation on the part of the police. If you are facing charges, you should contact a diligent drug lawyer. A seasoned attorney could help you learn about what makes Montgomery County drug cases unique.

Constitutional Issues in Narcotics Cases

What makes Montgomery County drug cases unique are the defendant’s rights and constitutional issues, especially with the Fourth and Fifth Amendment.

The Fourth Amendment

The Fourth Amendment of the U.S. Constitution, as well as Article 1 Section 8 of the Pennsylvania State Constitution, grants individuals the right to be free from unreasonable searches and seizures. Whether it is a car stop that is prolonged for no reason or an illegal pat-down Fourth Amendment issues arise anytime someone is searched or stopped by police. If the stop of the person or the search was unlawful, then the items the police recovered will not be admissible in court. That would effectively end a simple possession case if that is the only evidence or witness to them having drugs on them.

The Fifth Amendment

The Fifth Amendment of the U.S. Constitution, as well as Article I Section 9 of the Pennsylvania State Constitution grants people the right to not incriminate themselves and to remain silent. For example, if there are narcotics found in the trunk of a car, there might not be any other evidence proving that the driver knew they were there or intended to possess them. That could all change if the person being arrested makes an involuntary statement coerced by the police. If he or she starts confessing that those drugs belonged to them, that could be all the evidence a prosecutor needs to find them guilty of possession.

The Fifth Amendment allows defense lawyers to challenge the voluntariness of a statement or confession, especially when a person is under arrest, has not been given their Miranda rights, and then the police ask them questions. Those are the two most common issues seen in drug cases in Montgomery County.

How A Drug Attorney Could Help

A person should contact an attorney as soon as they are aware that they are arrested, charged, and either released or receive a summons. Starting early is the best way to handle their case and investigate their case at an early stage and also plan and strategize to get the possible outcome. A person does not want to reach a pretrial room which can be their first hearing after a preliminary arraignment and then not be granted a continuance and move forward with no plan for their case. They will be left unprepared facing a misdemeanor with possible jail time or facing a high-penalty crime like felony drug possession with intent to deliver.

If arrested individuals should meet with their attorney, develop a plan, and then know what they are facing and what their options are. That way, they know that their rights and their liberty are protected going forward when they go to court. This also allows the attorney to get a headstart on gathering evidence and witnesses, or applying their client for diversionary programs before the case is too far along to benefit from a diversion program. Let a knowledgeable drug attorney help your case.

Call an experienced attorney today to learn about what makes Montgomery County drug cases unique.