Being charged with drug possession in Swatara Township, PA can feel like you’re trapped in a labyrinth of complex laws. However, within this labyrinth, there are potential “loopholes” or paths that could form a significant part of your defense strategy. This post aims to illuminate some of these possibilities. But remember, each case is distinct, and navigating these paths successfully requires the assistance of a skilled law firm like the McShane Firm.
Challenging ‘Possession’
Under Pennsylvania law, to validate a drug possession charge, the prosecution must prove that you knowingly and intentionally had control over the controlled substance. However, when drugs are found in shared spaces or vehicles, establishing ‘possession’ can become a complex challenge for the prosecution. This can potentially provide a loophole for your defense.
The Fallibility of Field Tests
Field tests, often used by law enforcement to identify suspected drugs, are not infallible and have been known to produce false positives. If your case depends on such a test, disputing its accuracy could significantly influence your defense.
Upholding Fourth Amendment Rights
The Fourth Amendment safeguards you from unreasonable searches and seizures. If there were any violations of these rights during the collection of drug evidence, it might be possible to suppress this evidence, thereby potentially weakening the prosecution’s case.
Dispelling Misunderstandings about Medical Marijuana Laws
In Pennsylvania, medical marijuana is legal for patients with certain qualifying conditions. If you’re a registered patient and have been wrongfully charged with marijuana possession, this misunderstanding could serve as a potential defense strategy.
Leveraging Diversion Programs
While not a ‘loophole’ in the traditional sense, diversion programs such as the Accelerated Rehabilitative Disposition (ARD) program offered in Swatara Township, PA, can provide an alternative path for eligible individuals. These programs can lead to the dismissal or expungement of charges upon successful completion.
Conclusion
Navigating the labyrinth of drug possession laws can feel overwhelming, but potential loopholes within these laws can provide key escape routes that could positively influence your case. To uncover and effectively leverage these loopholes, professional legal guidance is invaluable.
At the McShane Firm, we stand ready to guide you through the complexities of your case. Our attorneys will scrutinize every aspect of your case, identify potential weak points in the prosecution’s arguments, and craft a potent defense strategy tailored to your circumstances.
If you’re grappling with drug possession charges in Swatara Township, PA, it’s time to reach out to the McShane Firm. Allow us to explore your case in-depth, identify potential loopholes, and develop a comprehensive defense for you. You’re not just a case number to us; you’re an individual who deserves the strongest defense. Don’t navigate this labyrinth alone. Contact the McShane Firm today and take the first step towards a strong defense and a better future.
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.
