Philadelphia Drug Lawyer
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If you or a family member gets charged with a drug crime, your freedom and your future may depend on the lawyer you chose to defend your case. The penalties for drug crimes—from possession to trafficking—involve harsh fines and possible jail time. Even after you serve your time, your conviction will be public information available to potential employers, professional licensing boards, and schools. Thus, your drug offense can have far-reaching effects into your future.
With so much at stake, you owe it to yourself to hire the right criminal defense attorney to handle your case. An experienced drug crimes attorney will look into how the police arrested you, pulled you over, or searched your property. In many cases, the police trample the suspect’s constitutional rights when conducting an arrest or a search, which can lead to the dismissal of the criminal charges. But it takes an aggressive and knowledgeable Philadelphia drug defense attorney to exploit such weaknesses in the prosecution’s case.
You May Be Able to Beat Your Charges Before Your Trial Begins
The US Constitution significantly limits the police’s authority when investigating crimes and apprehending suspects. When a government officer oversteps his or her authority, the evidence that was obtained may not be used to convict a criminal suspect. For example, if a police officer finds an illegal substance in your car, but did not have a valid reason for pulling you over in the first place, your Philadelphia drug lawyer can file a motion to suppress the evidence. In such a blatant case, it is likely the motion to suppress would succeed, and the prosecutor would not be allowed to present the evidence obtained from the traffic stop against you.
You are protected by several fundamental constitutional rights that the authorities cannot violate when investigating, arresting, or prosecuting you. When reviewing your case, your Philadelphia drug lawyer will try to determine whether any of your rights were violated, because this may be the fastest way to get your trial over and regain your freedom. Any person on US soil has the right to:
- Be free from illegal searches and seizures — The police need a warrant, your consent, or emergency circumstances to enter and search your home. They can only pull your car over if they have an articulable suspicion that you’ve done something illegal. A search of your car is only justifiable by the officer’s reasonable cause to believe you’re hiding something illegal. Finally, the police need a reasonable suspicion to question you on the street, and probable cause to make an arrest.
- Remain silent — At no point in the criminal justice process does a suspect have the obligation to talk with the police. To paraphrase former Supreme Court Justice Robert Jackson, it’s never a good idea to talk to the police or the prosecutor when the authorities are questioning you.
- An attorney — Once you request an attorney, the police must stop questioning you. You have the right to an attorney to represent your interests at every stage of the criminal process.
- Fair and speedy trial — You have a right of due process, which means that your trial must be conducted according to procedures, and the outcome cannot be unfairly swayed by outside factors. For example, if your Philadelphia drug lawyer can show that a jury may be biased against you, you can have your case removed to another jurisdiction.
Learn more about Drug Crimes
At Fienman Defense, we have experience defending a wide range of drug offense charges in both federal and state courts. We can help you fend if you are facing any of the following charges:
- Illegal possession of cocaine
- Illegal possession of heroin
- Illegal possession of MDMA (ecstasy), Methamphetamines and PCP
- Schedule I and II drugs — including heroin, marijuana, ecstasy, Adderall, Percocet, Demerol and OxyContin
- Schedule III and IV drugs — including Tylenol with codeine, Xanax, Vicodin, Darvocet and Ambien
- Schedule V drugs — including Lyrica and Robitusson AC
- Manufacture, delivery or possession with intent to distribute (PWID) — dealing drugs
- Misbranding a controlled substance — to sell a drug with false information on its label
- Acquiring controlled substances by fraud — to illegally obtain a prescription drug
- Possession of steroids — including Dianabol, Primobolan, Anavar, Anadro, Winstrol and Halotestin
What all of these types of cases have in common is that they almost always involve a police officer stopping, searching, and seizing the suspect’s property. By carefully analyzing all the available evidence and by piecing together how the search and seizure occurred, it is often possible to show that the police violated the suspect’s constitutional right to be free from unreasonable searches and seizures. Even where the police fully respect the suspect’s rights, it may be possible to defend your case by showing that there is a reasonable doubt as to whether:
- Possession was knowing — If your lawyer can show that you didn’t know the drug was in your possession, your drug charges won’t stick.
- There was intent to distribute — Unless you admit to dealing drugs, prosecutors usually have to piece together your intent to distribute through circumstantial evidence such as your possession of scales, baggies, and large amounts of cash. Your lawyer can argue that this circumstantial evidence does not definitely prove your intent to distribute.
- The substance was actually a drug — The prosecutor will need to present evidence from a crime lab showing that the substance you possessed was actually a drug. If the crime lab or the police mishandled the drug sample or breached procedures, this crucial evidence may not be admissible at your trial.
If you’re facing drug crime charges and need an experienced Philadelphia criminal defense attorney, look no further than Fienman Defense. We offer free and confidential initial consultations, so call us today at to learn how we can help defend against your drug charges.
Questions? Contact a Philadelphia Drug Lawyer Today.
If at all possible, Fienman Defense will try to get the charges against you dismissed or see if a drug treatment program would be right for your situation. Based on the evidence and the constraints of mandatory sentencing, we will work hard to get your penalties lowered. And if your case goes to court, Fienman Defense will fight to win an acquittal.