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Common Defenses Used in Pennsylvania Possession with Intent Criminal Case

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Common Defenses Used in Pennsylvania Possession with Intent Criminal Cases

Being charged with possession with intent to deliver (PWID) in Pennsylvania is a serious matter. Unlike simple possession charges, PWID indicates that the state believes you intended to sell or distribute illegal drugs. Convictions carry severe penalties, including lengthy prison sentences and hefty fines. However, being charged is not the same as being convicted. As an experienced attorney at Frank Walker Law, I’ve successfully defended countless clients against PWID charges by using effective and well-crafted legal strategies.

Here, I’ll break down some of the most common defenses used in Pennsylvania PWID cases.

1. Challenging the Legality of the Search and Seizure

The Fourth Amendment protects you from unlawful searches and seizures. If the police violated your rights by conducting a search without a warrant or probable cause, any evidence they obtained—including drugs—may be inadmissible in court. For instance:

  • Did the officers have a valid search warrant?
  • If not, did they have probable cause or your consent to search your property?
  • Was the search conducted in a manner consistent with constitutional protections?

If the search was unlawful, we can file a motion to suppress the evidence, which may lead to the dismissal of your case.

2. Lack of Possession

To convict you of PWID, the prosecution must prove that you had possession of the drugs. Possession can be actual (drugs found on your person) or constructive (drugs found in a location you control, like your car or home).

A strong defense may involve showing:

  • The drugs belonged to someone else.
  • You were unaware of the presence of the drugs.
  • There’s insufficient evidence to prove you had control over the drugs.

By creating reasonable doubt about whether the drugs were yours, we can weaken the prosecution’s case.

3. Challenging the Intent to Deliver

Proving intent to deliver is a critical element of a PWID charge. The prosecution typically relies on evidence such as:

  • Large quantities of drugs.
  • Packaging materials (e.g., baggies).
  • Scales, cash, or ledgers.

However, this evidence doesn’t always prove intent to sell. For example:

  • A large amount of drugs may be for personal use.
  • Cash or baggies may have legitimate, non-drug-related uses.

We can argue that the evidence doesn’t meet the burden of proving intent beyond a reasonable doubt.

4. Entrapment

Entrapment occurs when law enforcement induces you to commit a crime you would not have otherwise committed. For example, if undercover officers pressured or coerced you into selling drugs, this could be a valid defense. It’s important to demonstrate that:

  • The idea originated with law enforcement, not you.
  • You were not predisposed to commit the crime.

While entrapment defenses can be complex, they can also be highly effective when properly executed.

5. Chain of Custody Issues

In any drug case, the prosecution must establish a clear chain of custody for the evidence. This means they must account for:

  • Where the drugs were found.
  • How they were handled and stored.
  • Who had access to them.

If there are discrepancies or gaps in the chain of custody, the integrity of the evidence may be called into question. This can lead to the exclusion of the evidence or weaken the prosecution’s case.

6. Testing and Lab Errors

The prosecution must prove that the substance in question is, in fact, an illegal drug. This is typically done through lab testing. However, errors can occur, including:

  • Faulty equipment.
  • Contaminated samples.
  • Mistakes in lab procedures or reporting.

By scrutinizing the lab results and procedures, we can challenge the accuracy of the evidence against you.

7. Violation of Your Rights

In addition to the Fourth Amendment, other constitutional violations can serve as a defense. For example:

  • Were you properly informed of your Miranda rights during your arrest?
  • Were you subjected to coercion, threats, or unlawful interrogation practices?

Any violation of your rights can be used to suppress evidence or have charges dismissed.

Why You Need an Experienced Defense Attorney

PWID cases are complex and require a detailed understanding of Pennsylvania drug laws, constitutional protections, and courtroom strategies. At Frank Walker Law, we’re committed to fighting for the best possible outcome for our clients. Whether it’s negotiating a reduction in charges, securing an acquittal, or getting your case dismissed entirely, we’ll work tirelessly to protect your rights.

Conclusion

If you’ve been charged with possession with intent to deliver in Pennsylvania, don’t face the system alone. An aggressive and knowledgeable defense can make all the difference in your case. Contact Frank Walker Law today for a consultation. We’ll assess your situation, explain your options, and craft a defense strategy tailored to your needs.

When your freedom is on the line, trust Frank Walker Law to fight for you. Call us now and let’s get started on your defense.

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.

If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.