Narcotics Possession
Narcotics Charges in Pennsylvania
A conviction for felony possession of narcotics can have far reaching consequences, depending upon the circumstances of your case. Mandatory minimum sentences calling for incarceration in a State Correctional Facility or Federal Detention Center apply when one is convicted of trafficking or selling narcotics in excess of certain quantities. Additional mandatory sentences apply when a firearm is involved in connection with Possession with Intent to Deliver (PWID) narcotics, regardless of the quantity of narcotics.
Philadelphia Narcotics Attorney
When you hire the Law Office of Andrew G. Gay, Jr., we will see to it that any investigation is completed promptly, securing the identification of witnesses, in preparation for your motion to suppress evidence and/or trial. Evidence can be excluded from trial if you are able to demonstrate to the Court at a hearing on your Motion to Suppress that the evidence was obtained by the police as a result of a violation of your constitutional right to be free from unreasonable searches and seizures. Andrew G. Gay, Jr. prepares for each client's suppression hearing with complete knowledge of the most recent case law as it relates to the facts of your individual case.
Whichever defense better suits your particular case, the foundation for that defense begins at your preliminary hearing.
Motion to Suppress
The object of a motion to suppress physical evidence is to demonstrate to the court that the manner in which the police obtained the evidence (i.e., a weapon or narcotics) was as a result of a violation of your Constitutional rights. If you successfully prove this to the Court, the evidence is inadmissible at your trial.
Sufficiency of Evidence
If the evidence is otherwise admissible, you must analyze the facts to see if the Commonwealth or United States Government can prove you actually possessed the narcotics. This is generally referred to as a challenge to the sufficiency of the evidence. If the police wish to attribute an illegal item to you that was not recovered from your person (i.e., nearby car or home), hire the experience needed to challenge whether you constructively possessed that item.
Alternative to Trial
At times, it is necessary to consider alternatives to trial. Our firm is fully knowledgeable about the county and state intermediate punishment and substance abuse programs available to reduce sentences involving incarceration, or eliminate it completely. These programs may allow you to avoid incarceration, while receiving substance abuse treatment within the community.