In Philadelphia, the sooner an experienced Philadelphia drug possession lawyer gets involved the better your chances are for being accepted to and participating in a diversionary program. Additionally, an experienced Philadelphia drug possession lawyer can let you know from the outset whether your matter should go to a diversionary program or whether it should go to trial.
In some cases, it is to the benefit of the individual to go to trial. Indeed, with the right lawyer on your side and the right evidence, it can easily work to your advantage. In some cases where treatment might be involved or where an individual feels that they just don’t want to go through with this whole criminal justice system process then a diversionary program may be in their best interest. But it’s with the experience and knowledge of a Philadelphia drug lawyer on your side that allows you to make the right decision with your case.
As a drug possession lawyer, the first step is to interview my client and determine what if anything occurred on the particular day of his or her arrest.
After the initial interview, a Philadelphia drug possession lawyer’s investigative team goes out and obtains initial police reports called 75-49 PARS reports. In those limited PARS reports, a brief summary of what may have occurred that night is indicated by police. These are some ways that the police use to refresh their recollection at the time of the initial preliminary hearing and/or municipal court trial. It’s supposed to be a document that helps police refresh their memory as to what occurred on a particular night involving the accused. Once we are able to obtain that document and that’s even before formal discovery has been passed, meaning there are not yet police reports and other materials, the defense is able to start their investigation and look into the matter.
It’s important to get the advice of an experienced Philadelphia drug possession attorney so that you can know what avenue is best for your case and which way a case should be carried out throughout the system. There are cases in which the best choice is to go to trial especially in cases where it is clear that the police officer or officers lacked a reasonable suspicion and probable cause to stop you in the first place. Using the advice of an experienced Philadelphia narcotics attorney can save your record and in a lot of ways save your livelihood and keep what otherwise can be a very hard thing to have on your record from affecting your future.
For an investigation an attorney will often go to the site, measure the distances, or even challenge the visual aids that the police may have used such as binoculars. Additionally, a defense team will look at the time of day, the location, the type of location, the amount of traffic and anything that can help us decipher whether or not a proper defense can be put together for a trial on the matter.
Additionally, it is important to interview the client about their past and make a determination as to whether they’re even eligible for one of the many diversionary drug possession programs in Philadelphia. If they are, they have the benefit under the ARD program, under the AMP 1 program and under the Section 17 program to upon completion of their judicial requirements, their record may be expunged and often times with a good Philadelphia drug possession attorney, the lawyer is able to get the government and/or Commonwealth to agree upon completion that they will not object to an expungement of the person’s record.
David Clark Attorney at Law