Building A Defense For Drug Trafficking Charges
The possession, transportation, creation, and distribution of drugs are serious criminal offenses yielding serious consequences if you are convicted of said infractions. One such act is known as trafficking.
Fortunately, however, Richard J. Fuschino, an experienced Philadelphia drug lawyer, maintains there might be suitable defenses against such charges.
You might think trafficking means transporting drugs. While that is true, Pennsylvania state law also labels said offense in far broader terms. Under such law, the act is defined as possession with intent to deliver a controlled substance, which are hard core illicit chemicals, such as narcotics, cocaine, and amphetamines.
To be convicted of trafficking, a prosecutor must clearly demonstrate that you first cultivated or manufactured a given substance and then sold, transported, or intended to sell or transport said chemicals to another party.
Typically, even first offenses for trafficking are felonies. However, the punishment’s severity will depend on several key factors including the specific drug you were found in possession of, the amount of said chemical, if you are subject to any other drug or criminal charges in association with this offense, and your overall criminal history.
In most cases, you could face anywhere from seven to 20 years in a state prison. However, in certain instances, your punishment might be reduced provided you either plead guilty to levied charges or turn in state’s evidence designed to strengthen the prosecution’s case against more significant criminal elements.
Possible Defensive Strategies
Luckily, arrest on drug trafficking accusations does not always equate to a lengthy incarceration period. An astute drug defense attorney might establish a viable defense based upon arguments like:
Improper Arrest Procedure
Occasionally, law enforcement agencies might knowingly or unknowingly err during the arrest process. One common mistake is the failure to read you your Miranda rights. This is a privilege you are entitled to and could lead to your case being dismissed.
Police must have clear cut evidence demonstrating that you possessed complete and total knowledge of the drugs in question and intended to profit from them or help someone else achieve such benefits. Merely being around drugs is not sufficient enough reason to levy trafficking charges against you.
Improper Search And Seizure
If the arresting law enforcement agency engaged in improper search and seizure or did not place evidence through the proper chain of command, said evidence is tossed and the prosecution’s case is often appreciably compromised.
If you are brought up on drug trafficking charges, Richard J. Fuschino implores you to contact his office. He prides himself on being one of the best drug case lawyers in Philadelphia and boasts a successful record in helping clients either beat or receive lesser charges.
To learn more about his firm or the other services he provides, please stop by https://aggressivedefense.com/.