Narcotics Possession Charges in Pennsylvania
A felony narcotics conviction has far reaching consequences. Mandatory minimum sentences requiring incarceration in a State Correctional Facility or Federal Detention Center apply when one is convicted of trafficking or selling narcotics in excess of certain quantities. Additional mandatory sentences apply when firearms are involved in connection with Possession with Intent to Deliver (PWID) narcotics, the so-called guns and drug mandatory. Are you eligible for a reduced sentenced under Pennsylvania’s Recidivism Risk Reduction Incentive (RRRI)?
When you hire Andrew G. Gay, Jr., he will promptly complete an investigation, securing the identification of witnesses, in preparation for your motion to suppress evidence and/or trial. Evidence will be excluded from trial if you demonstrate to the Court at your motion to suppress that the police violated your rights under the Pennsylvania or Federal constitution. Andrew G. Gay, Jr. prepares each suppression hearing with complete knowledge of the most recent case law as it relates to the facts of your individual matter.
Whichever defense better suits your particular case, the foundation for that defense begins with the preparation of your preliminary hearing.
Motion to Suppress
To win a motion to suppress physical evidence, you must demonstrate to the court that the manner in which the police obtained the evidence (i.e., a weapon or narcotics) was by violating your rights under the Pennsylvania or Federal constitution. If successful, the evidence is excluded at trial.
Sufficiency of Evidence
If evidence is otherwise admissible, Andrew Gay, Jr. will analyze the facts to see if the Commonwealth or United States Government can prove you actually possessed the narcotics. This is generally referred to as a challenge to the sufficiency of the evidence. If the police wish to attribute an illegal item to you that was not recovered from your person (i.e., nearby car or home), hire the experience needed to challenge whether you constructively possessed that item.
Alternatives to Trial
At times, it is necessary to consider alternatives to trial. Our firm is fully knowledgeable about the county and state intermediate punishment (IP) and substance abuse programs available to reduce sentences involving incarceration, or eliminate it completely. These programs may allow you to avoid incarceration, while receiving substance abuse treatment within the community.
Philadelphia is no longer imposing mandatory minimum sentences on Guns & Drug cases. On August 20, 2014, the Superior Court of PA declared these sentences unconstitutional in the matter of Commonwealth v. Newman, based on the U.S. Supreme Court's decision in Alleyne v. United States.