If you’re facing drug possession charges in Gettysburg, PA, it can often feel like trying to decipher a complex code. However, within this intricate legal framework, there are potential “loopholes” that could be crucial in your defense. This post aims to shed light on some of these potential escape routes. Nonetheless, it’s important to remember that each case is unique, demanding the comprehensive and personalized approach of a practiced law firm like the McShane Firm.
Re-examining ‘Possession’
Pennsylvania law asserts that a drug possession charge requires that the accused knowingly and intentionally had control over a controlled substance. But when drugs are found in a communal area or shared vehicle, establishing ‘possession’ can become a complex issue for the prosecution. This complexity can potentially provide a loophole for your defense.
Unreliable Field Tests
Police often use field tests to identify suspected drugs, but these tests are not always reliable and can produce false positives. If your case relies on such a test, questioning its reliability could be a significant part of your defense.
Respecting the Fourth Amendment
The Fourth Amendment protects citizens from unjustified searches and seizures. If there were any violations of these rights during the collection of drug evidence, it might be possible to have this evidence dismissed, potentially weakening the prosecution’s case.
Medical Marijuana Laws Misunderstood
Medical marijuana is legal for specific qualifying conditions in Pennsylvania. If you’re a registered patient and have been mistakenly charged with marijuana possession, your legal status as a patient could offer a solid defense strategy.
Diversion Programs – The Alternative Pathway
While not a ‘loophole’ in the traditional sense, diversion programs like the Accelerated Rehabilitative Disposition (ARD) program offered in Gettysburg, PA, can provide an alternative route for eligible individuals. These programs can lead to the dismissal or expungement of your charges upon successful completion.
Conclusion
The complex code of drug possession laws may seem daunting to decipher, but potential loopholes within these laws can provide key points of defense. To identify and effectively utilize these, you need expert legal guidance.
The McShane Firm, with its extensive experience in drug possession laws, is ready to guide you. Our team will dig into every detail of your case, uncover potential weaknesses in the prosecution’s charges, and build a powerful defense strategy customized for you.
If you’re facing drug possession charges in Gettysburg, PA, it’s time to reach out to the McShane Firm. Let us decode the specifics of your case, identify potential loopholes, and craft a robust defense strategy for you. You’re not just a case number to us; you’re an individual who deserves a strong defense. Don’t try to decipher this complex code alone; let us be your guide. Contact the McShane Firm today, and together, we can start building a strong defense.
Our Clients are entitled to a Bill of Rights which states:
- Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
- Our clients have the right to expect plain speaking, straight shooting. No B. S.
- Our clients have the right to expect us to do it right the first time, every time.
- Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
- Our clients have the right to expect that they will be fully informed at all times.
This is our promise to you. Call today to get us on your side: (717) 657-3900.
