Fighting Back: Appealing a Marijuana Possession Charge in Pennsylvania
Marijuana might have been legalized in certain states, but it’s still criminalized in Pennsylvania. While a bill was drafted to decriminalize the use and buying of marijuana, it didn’t pass legislation. Therefore, if you’re found with marijuana, you stand to face severe consequences.
In this blog, we shall discuss how you can defend yourself and how a skilled Pittsburgh criminal lawyer can help you.
Defending Marijuana Charges
There are many ways a Pittsburgh criminal lawyer can defend you against marijuana possession, including:
No Probable Cause
According to the Fourth Amendment, every citizen has a right to a lawful search and seizure. If drugs are in plain sight, the police may seize them. However, if the drugs aren’t in plain sight and the officer searched your home or car without a warrant, your Fourth Amendment rights are violated. So, inform your lawyer if this happens. A search without a warrant makes the evidence inadmissible.
Not Your Drugs
If the officer finds marijuana in your vehicle or home, and it isn’t yours, it’s an effective defense. This is a strong defense if you did not know of it.
Entrapment and Planted Drugs
This defense is more difficult to prove. However, you’re not guilty if evidence can be acquired that the drugs were planted. Having a skilled Pittsburgh criminal lawyer on your side can be helpful.
Additionally, if you’re the victim of entrapment, then you have another defense. Entrapment happens when an informant or officer somehow forces a suspect to commit a crime that they wouldn’t have committed. Typically, in entrapment-related drug cases, the drugs are provided by the state. So, if entrapment can be proved, it’s a solid defense.
Medical Marijuana
The use of medical marijuana is not a federal-level defense, but at the state level. PA’s medical marijuana program became law in 2016, signed by Gov. Tom Wolf. While medical marijuana laws are complicated, a skilled Pittsburgh criminal lawyer can support you in navigating them.
Lookalike
This defense is more for drugs like cocaine, but it can apply to marijuana, too. You may face accusations, even when you’re innocent, if you’re found possessing anything that resembles a drug. In this scenario, the substance must be examined by a crime lab.
Producing the Drugs
Sometimes, evidence gets lost before the trial can begin. So, it’s important to check if the prosecutor can provide evidence of the drug that the defendant was charged with.
How a Lawyer Can Help
At Logue Law Group, we have Pittsburgh criminal lawyers who represent clients charged with marijuana possession. Whether you were using it for medical purposes or an out-of-state friend mistakenly left their paraphernalia in your home, you deserve a fair chance to fight your charges.
If you’re facing charges of possession, you immediately need a lawyer by your side. The police and the prosecution will put undue pressure on a conviction. But if you’re innocent, you don’t deserve harsh penalties or incarceration. A skilled lawyer will draw up the right defense and work with you to get you acquitted.
Ensure the best result with us. Contact us at sean@seanloguelaw.com to know more and get the best help you can.