Defenses to Pennsylvania Marijuana Distribution Charges
To convict the accused on possession with intent to deliver for marijuana, the prosecution must prove every element of the crime beyond reasonable doubt. This means, for PWID, that you knowingly possessed the marijuana and that you had the requisite intent to sell, distribute, cultivate or otherwise deliver.
The defense's only job is to show the reasonable doubt that exists — not prove anything. A Philadelphia marijuana defense lawyer can question the prosecution's evidence and bring evidence of its own to show, for instance, that the defendant was not in constructive possession of the cannabis.
The primary evidence for most marijuana PWID cases is the marijuana itself. The marijuana for distribution charges are usually found as the result of a search. You have a reasonable expectation of privacy over many of the places drugs might be found — certainly in your home, but also in the trunk of your car and other places you can shut closed.
Police must carefully follow certain procedures and have probable cause to search such places. If they fail to follow these procedures in gathering evidence, the evidence might be thrown out, leaving the prosecution with little choice but to drop charges in many circumstances. At Alva & Moscow, LLC, we view carefully reviewing police actions in your case as one important aspect of protecting your rights.