Heroin is a controlled substance, and as such, it is illegal to be in its possession. There has been a gradual shift toward more empathy for those addicted to drugs such as heroin, especially with the ongoing national heroin crisis; however, addiction is not a defense if you are arrested and charged with possession.
Most prosecutors will seek mandatory minimum sentences for possession of certain kinds of illegal and controlled substances, and heroin is definitely on that list. Bringing a Philadelphia heroin possession lawyer on board as soon as possible is the best course of action available to you if you have been charged.
Stiff Penalties for Heroin Possession in Philadelphia
If you are found guilty of possession of heroin or any other heroin-related crimes, you could be facing several years, if not decades, behind bars.
With any felony case, there are certain nuances that affect how the case will be prosecuted and the severity of sentencing that may be involved. It is important to have a Philadelphia heroin possession lawyer representing your best interests, as navigating these nuances successfully requires knowing what to expect and how to approach it.
Even if you only had a small amount of heroin in your possession and it is your first offense, you could face up to a year in prison and $5,000 in fines. These sentences increase in severity on subsequent offenses. Fighting each offense with sound legal advice from a Philadelphia heroin possession lawyer is your best option for safeguarding your future.
Excluding the Prosecution’s Evidence Could Be Key
There are numerous ways your Philadelphia heroin possession lawyer can move to exclude the evidence of the heroin found in your possession.
To be charged with heroin possession, the heroin does not need to be found on your person, which means it doesn’t have to actually be in your pocket, your purse, or your backpack for you to be charged. You could be arrested and charged even if the drug was found in the area around you, including your home or vehicle.
While this increases the possibility of arrest, it also gives your Philadelphia heroin possession lawyer an excellent opportunity to show that the heroin does not actually belong to you, which is a prerequisite for being found guilty in a drug possession case.
Another way to exclude the evidence from being presented is to demonstrate that law enforcement stopped and searched you or your vehicle without probable cause, which makes the search—and anything found in the search—constitutionally inadmissible.
Addiction Is Not a Defense
Addiction is not an adequate defense to prevent your conviction.
If you were arrested and charged with the possession of heroin, the best thing you can do is exercise your right to remain silent. Don’t say anything to either the law enforcement officials placing you under arrest or the prosecutor who attempts to question you afterward. Instead, you should request the presence of your Philadelphia heroin possession lawyer immediately, as is your constitutionally protected right.
Our Philadelphia Heroin Possession Defense Attorneys Can Help
Retaining a Philadelphia heroin possession lawyer from Young, Marr, Mallis & Associates will provide you with the strongest legal defense possible to prevent a conviction or reduce your sentence.
Discuss your case during a free case evaluation with an experienced attorney. Contact us by calling (215) 701-6519 to find out how we can help you.