The National Trial Lawyers | Top 100 Trial Lawyers AVVO Rating 10.0 Superb | Top Attorney Criminal Defense 10 Best 2014-2016 | 3 Years | Client Satisfaction | American Institute of Criminal Law Attorneys WHO'S WHO | Top Professional | Certified 2017 top 100 lawyer ASLA 10 best 2016 client satisfaction| American Institute of personal injury Attorneys
The Kelly Law Firm Law Offices of Kelly & Conte
Call Anytime - Day or Night
610-314-7066 610-314-7066
The National Trial Lawyers | Top 100 Trial Lawyers
AVVO Rating 10.0 Superb | Top Attorney Criminal Defense
Nation's Premier | NACDA | Top Ten Ranking 2014
10 Best 2014 | Client Satisfaction Award | American Institute of Criminal Law Attorneys

Defenses to drug charges in Pennsylvania

Criminal defense attorneys in Pennsylvania may approach drug charges in a number of ways. Sometimes they will advocate on behalf of their clients by questioning the accuracy or reliability of evidence such as witness statements or laboratory analysis, and in other cases they may question the actions of law enforcement officers or dispute the facts as presented by prosecutors.

Seized drugs are often the key piece of evidence in drug possession cases, but this evidence may be ruled inadmissible if the search that led to their discovery was unlawful. The Fourth Amendment to the U.S. Constitution protects Americans from unlawful search and seizures, and law enforcement officers are in most cases required to obtain a warrant before searching a suspect's property. However, this protection does not apply if drugs are discovered in plain sight. If the seizure of the drugs withstands this scrutiny, an attorney may mount a defense based upon the claim that the defendant did not own the drugs and was not aware of their presence.

A drug case may be dismissed due to police misconduct other than an unlawful search. A defense attorney may maintain that the drugs in question were planted by a law enforcement officer, or might claim that the client was induced to commit criminal activity. While police may work undercover to apprehend drug dealers and buyers, they are not permitted to entrap suspects.

Those convicted of drug possession in Pennsylvania may face severe penalties, but proving these cases beyond reasonable doubt is often difficult for prosecutors. In addition to challenging the seizure of the evidence in a drug possession case, a criminal defense attorney may seek to have the charges against their client reduced. This can be done in some cases by pointing out mitigating factors, such as the client's previous good behavior, during plea negotiations with prosecutors.

Source: FindLaw, "Drug Possession Defenses", accessed on Feb. 19, 2015

No Comments

Leave a comment
Comment Information

Why We Succeed


We prepare every case as if it is going to trial. Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel.

See what our clients are saying...


For more than 15 years, people throughout Chester County and the surrounding area have turned to Law Offices of Kelly & Conte for sound legal advice and aggressive representation.

Learn more about our team...


We will not accept a deal simply for the sake of closing your case. We care about your future, and we pursue every available option in an effort to secure the best possible outcome.

View our case results...
Schedule a Case Evaluation

Schedule a Free Case Evaluation

Bold labels are required.

Please note that First AND/OR Last Name, and Email AND/OR Phone are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Law Offices of Kelly & Conte
213 W Miner Street #3
West Chester, PA 19382

Phone: 610-314-7066
Fax: 610-436-0628
West Chester Law Office Map

Review Us
Back to Top