What Defenses Are Available for Drug-Related Charges?

The defenses available for a drug-related charge depend on the charge and the evidence against you. A defense can challenge how police obtained the evidence or whether prosecutors can prove the charge. 

For someone facing a drug charge in Lehigh County, the facts surrounding the arrest and the evidence will shape which defenses are available. Crouthamel Law Offices can examine those details and identify where the prosecution’s case can be challenged. Below, we explain several defenses that can apply in Pennsylvania drug cases. 

Unlawful Search and Seizure

If police found drugs during a search, the defense can challenge whether that search was lawful. Police must follow the limits of a search warrant or the permission you gave them to search. If they went beyond those limits, the evidence may have been obtained unlawfully. 

Your attorney can ask the judge to suppress unlawfully obtained evidence. If the judge agrees, prosecutors cannot use that evidence against you. 

Lack of Possession or Knowledge

Under Pennsylvania law, simply being present where drugs are found isn’t enough to prove constructive possession. If police find drugs in a shared home or vehicle, the Commonwealth must show that you knew the drugs were there and had the power and intent to control them.

A defense can challenge whether the evidence actually makes that connection, especially when other people had access to the area where police found the drugs.

Lack of Intent

Some drug charges require the Commonwealth to prove what you intended to do with the drugs. For possession with intent to deliver (PWID), that means proving the drugs were meant for delivery rather than personal use. Evidence that points to personal use can challenge that part of the charge. 

Problems With the Drug Evidence

The defense can question whether testing actually identified the substance as an illegal drug. Serious gaps in how the evidence was collected or handled can also raise questions about whether it is reliable. 

Entrapment

Police sometimes use undercover officers or informants to arrange drug transactions. That alone is legal. Entrapment can be a defense if, for example, an informant repeatedly pushes someone to obtain drugs until the person gives in. If the defense proves that police tactics amounted to entrapment, the defendant is acquitted. 

Lawful Possession

Pennsylvania law allows a person to possess a controlled substance obtained through a valid prescription or other legal authorization. If you’re charged with unlawful possession of prescription medication that was legally prescribed to you, proof of that prescription can challenge the possession charge.

Facing Drug Charges in Lehigh County?

What looks like a strong drug case at first can change once the evidence and police conduct are examined more closely. Crouthamel Law Offices can review the circumstances behind your drug charge to determine which defenses fit the facts. We’ll explain where the case can be challenged and what that means as you decide how to move forward. 

Call 610-428-3386 or complete our form to schedule a meeting with an attorney.