May a Charge Be Brought in the Absence of Proof?

Knowing that numerous types of evidence could be used against you is vital if you’ve been suspected of a drug crime. Nonetheless, many people wrongly assume that if there is no tangible evidence, the accusation cannot stand.

In cases where an individual possesses an illegal substance with the intention of selling or distributing it, they can be charged with drug possession, even if there is no tangible proof. This is true even if there is no evidence of the individual actually possessing the drug.

Discuss your situation with a criminal defense lawyer.

Evidence Standards in Narcotic Crimes

Article 18 of the Pennsylvania Code Cons The penalties and criteria for drug offenses are laid out in Stat 7508. These basic factors must be present in order to press drug charges against you. They remain the same no matter the setting or method of the alleged criminal act. Some factors include:

  • Knowledge.
  • Possession.
  • Intent.

Drug crimes typically require the prosecution to prove that the defendant knew the substance in question was illegal before being prosecuted. They might also try to show that you intended to use, sell, or distribute the item in question. Although the law carefully defines each of these elements, there are various situations in which the meanings of knowledge, possession, and purpose might shift.

Constructive possession can be charged if, for instance, you were in charge of a controlled substance. Possession does not always equate to ownership under the law. But, you are still accountable for when, when, and how they are utilized.

It is possible to face a number of criminal charges if law enforcement discovers illegal narcotics in your possession, regardless of whether or not you intend to sell them. This is because there might be proof that you planned to sell them. Circumstantial evidence may be used to bring these charges.

Refuting Drug Possession Charges

A lawyer may be able to help you get your charges dropped or reduced if they were filed without sufficient proof.

The most fundamental line of defense denies any involvement with illegal narcotics, whether that be via ignorance, lack of possession, or lack of intent to distribute. If you are facing charges related to possessing illegal drugs, there are certain defenses you can use to protect yourself. One possible defense is claiming that you were not aware that you were in possession of illicit narcotics.



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