Pennsylvanian residents like you could be facing a hefty penalty if convicted of drug-related crimes because of how seriously Pennsylvania treats said crimes. Fines and even jail time aren’t uncommon. So what are the valid defenses that can be used to fight against drug-related accusations you may be facing?
FindLaw takes a look at some of the defenses against drug possession charges specific to the state of Pennsylvania. First and foremost, they note that addiction is not a defense. It should also be noted that in some cases, people struggling with addictions may be able to go to treatment programs as opposed to jail. In other situations, treatment programs may not be an option.
Defenses against drug possession fall under several categories. Lack of knowledge and lack of intent are both common categories used as defenses. For example, if the drugs found in your possession are not your own, this shows lack of intent. If you weren’t aware that they left drugs in your vehicle or home, this is a lack of knowledge.
The amount and type of the drug can be used defensively, too. Was the drug found prescribed to you by a doctor? Was there an insufficient amount of the drug present at the time of the search?
Finally, the conduct of the police involved in the search should be scrutinized. Were you involved in a case of entrapment? Were you involved in a search and seizure, and was it legally allowed? If you can say yes to any of these, then you may have a case. Consider contacting an attorney to learn more about your options today.