While some states have moved to legalize marijuana, in the state of Pennsylvania it is still considered a controlled substance and a crime to be in its possession.
Each year, every Philadelphia marijuana possession lawyer deals with hundreds of cases of marijuana possession. While national attitudes have relaxed some, any time you are facing a drug possession charge, you need to make sure you are properly represented.
Drug Sentencing Guidelines for Marijuana Charges in Philadelphia, PA
Drug charges typically have mandatory minimum sentences, so you could wind up losing your freedom for an extended period of time if you are not properly represented in court.
These sentences take into account many factors that determine their length and harshness. If you have been arrested and charged with possession of marijuana, your best course of action is to have a Philadelphia marijuana possession lawyer represent you so all the nuances of the case can be properly explored.
Even the simple possession of marijuana has a mandatory minimum sentence of thirty days to one year in prison, depending on how much marijuana you were caught with. This is in addition to a fine of $500–$5,000. Avoiding these minimum mandatory sentences is what makes it so crucial to work with a Philadelphia marijuana possession lawyer from the beginning.
Defenses to Marijuana Possession
In order for the prosecution to get a conviction, they have to prove beyond a reasonable doubt that you had intent, knowledge, sufficient quantity of the drug, that the marijuana was not prescribed by a medical doctor, and that the drugs belonged to you. The conviction of any drug possession charge requires evidence that the defendant is guilty of certain key criteria. Your Philadelphia marijuana possession lawyer will attempt to ensure the “beyond a reasonable doubt” criterion is not met in the following areas:
- That the defendant had actual control or possession of the drug.
- That the defendant knew the drug was an illegal controlled substance.
- That the defendant knowingly and intentionally had possession of a controlled substance and did not have a valid prescription for said substance.
Your Philadelphia marijuana possession lawyer will examine the prosecution’s evidence and either move to have certain evidence excluded or present evidence and counterarguments that create sufficient reasonable doubt.
In order to exclude evidence, the constitutionality of the search conducted by law enforcement will have to be questioned. The police will need to have had either probable cause or a search warrant before any search and seizure. Otherwise, any evidence seized during the search could be ruled inadmissible and result in the case being dismissed outright.
Schedule a Consultation with a Philadelphia Marijuana Possession Lawyer
Marijuana is often viewed as a less serious drug, but being charged and convicted for its possession is serious enough. If you are facing trial for marijuana possession, speak with a Philadelphia marijuana possession lawyer from Young, Marr, Mallis & Associates.
Contact us by calling (215) 701-6519 and arrange a time for a free case evaluation. Hiring one of our attorneys could be the best decision you make for your case.