Michael F. Niznik

Possession of any controlled substance can result in possession charges. Common controlled substances include: 

 

• Cocaine

• Heroin

• Methamphetamine

• Opium 

• Non-prescription medications such as Xanax or Adderall

 

There are two main types of drug charges. Possession and Possession With Intent to Deliver.  In either instance, for a charge to be upheld, the police must have reasonable suspicion to perform a search and must have probable cause to search a specific area or person. In order to conduct these searches, the police must follow very specific procedures.  If the police fail to follow these procedures, any evidence they find during the search can be suppressed and your case dismissed. 

 

There are diversionary programs available for certain drug offense cases. Two such program are the Probation Without Verdict and the Pre-Trial Intervention programs.  These programs will result in a full dismissal of your charges and a full expungement of your record.  In order to find out whether you qualify for this program, contact Niznik Law today. 

 

Our number one goal in any drug case is to have the charges dismissed and your record expunged. 

 

DEFENSES TO DRUG POSSESION CHARGES

 

• Lack of intent

• Lack of knowledge

• Insufficient quantity of the drug to constitute possession

• The defendant has a valid prescription for the substance

• The defendant has a license to carry the drug or is a medical practitioner licensed by the State

• The controlled substance did not belong to the accused

• Unlawful search and seizure

• Entrapment

 

If you or someone you know has been charged with a possession charge, contact Philadelphia drug crime lawyer, Michael F. Niznik, for a free consultation.