How to Fight Drug Possession Charges in Philadelphia

Drug possession charges in Philadelphia can result in serious consequences including jail time, steep fines, a permanent criminal record, and long-term impacts on your employment, education, and housing opportunities. Whether you're charged with simple possession of marijuana, possession of cocaine or heroin, or possession with intent to deliver, understanding how to fight these charges is critical to protecting your freedom and your future.

Attorney Brian F. Humble has defended drug possession cases in Philadelphia for over 25 years and knows exactly how to challenge the prosecution's evidence, protect your constitutional rights, and fight for the best possible outcome. From suppressing illegally obtained evidence to negotiating for treatment programs instead of incarceration, this guide explains proven defense strategies and what you can expect when facing drug charges in Philadelphia.

Understanding Drug Possession Charges in Pennsylvania

Pennsylvania law divides drug offenses into different categories with varying penalties:

Simple Possession (35 P.S. § 780-113(a)(16))

What it is:

• Possessing a controlled substance for personal use

• No intent to sell or distribute

Common substances:

• Marijuana (small amounts)

• Cocaine

• Heroin

• Prescription drugs without a valid prescription

• Methamphetamine

• MDMA (ecstasy)

• Other controlled substances

Penalties for first offense:

• Ungraded misdemeanor for most substances

• Up to 1 year in jail

• Up to $5,000 fine

• Possible probation and drug treatment

Marijuana possession specifics:

• Small amounts (30 grams or less): Misdemeanor, up to 30 days jail, $500 fine

• Philadelphia has decriminalized small amounts, but state charges can still be filed

Possession with Intent to Deliver (PWID)

What it is:

• Possessing drugs with the intention to sell, distribute, or deliver them

• Much more serious than simple possession

How prosecutors prove intent:

• Large quantities of drugs

• Packaging materials (baggies, scales)

• Large amounts of cash

• Drug paraphernalia suggesting distribution

• Text messages or communications about sales

• Multiple small packages rather than one larger amount

Penalties:

• Felony charges carrying significant prison time

• Sentences vary based on drug type and amount

• Can range from 1-5 years to 10+ years for large quantities

• Mandatory minimum sentences for certain amounts and substances

Drug Paraphernalia Charges

What it is:

• Possessing items used to consume, manufacture, or distribute drugs

• Often charged alongside possession offenses

Examples:

• Pipes, bongs, rolling papers

• Syringes and needles

• Scales

• Baggies or containers

Penalties:

• Misdemeanor

• Up to 1 year in jail

• Up to $2,500 fine

Understanding the specific charges you're facing is the first step in building your defense. Attorney Brian F. Humble carefully analyzes your charges to identify the best defense strategies for your situation. [link to: www.bhumblelaw.com/criminal-defense]

Common Defenses to Drug Possession Charges in Philadelphia

An experienced Philadelphia drug possession attorney can challenge your charges using several proven defense strategies:

Illegal Search and Seizure (Fourth Amendment Violation)

The most common and effective defense:

Police must have legal justification to search you, your vehicle, or your home. If the search was illegal, evidence obtained during that search can be suppressed (excluded from trial).

Common illegal search scenarios:

Traffic stops:

• Police need reasonable suspicion to stop your vehicle

• They cannot search your car without consent, probable cause, or a warrant

• Drug-sniffing dogs cannot be used to extend the stop unreasonably

• Consent to search must be truly voluntary, not coerced

Street encounters:

• Police need reasonable suspicion to stop and frisk you

• A "hunch" isn't enough—they need articulable facts suggesting criminal activity

• They cannot search your pockets or belongings without probable cause

Home searches:

• Police generally need a search warrant to enter your home

• Warrants must be based on probable cause and properly executed

• Limited exceptions exist (hot pursuit, exigent circumstances, consent)

Your attorney files a "Motion to Suppress Evidence" arguing the search violated your Fourth Amendment rights. If successful, the prosecution loses crucial evidence and may be forced to dismiss charges.

Drugs Were Not Yours (Constructive Possession Challenge)

What constructive possession means:

You don't have to be holding drugs to be charged with possession. Prosecutors can charge you if drugs are found:

• In your vehicle

• In your home

• In a common area you have access to

• Near you in a public place

How to challenge constructive possession:

Prosecutors must prove:

1. You knew the drugs were there

2. You had control over the drugs

3. You intended to maintain control over them

Defense strategies:

• Other people had access to the location

• The drugs belonged to someone else (passenger, roommate, visitor)

• You didn't know the drugs were there

• You had no control over the area where drugs were found

Example: Drugs found in a shared apartment. Your attorney argues that multiple people lived there, you didn't know about the drugs, and the prosecution cannot prove beyond a reasonable doubt that the drugs were yours.

Lack of Knowledge

The defense: You didn't know you possessed illegal drugs.

When this applies:

• Someone planted drugs on you or in your belongings

• You borrowed a vehicle not knowing drugs were inside

• Someone left drugs in your home without your knowledge

• You believed the substance was something legal

Example: You're prescribed Adderall but your friend gave you pills that looked identical but were actually methamphetamine. You didn't know you possessed illegal drugs.

Lab Testing and Chain of Custody Issues

Challenging the evidence:

Prosecutors must prove the substance is actually an illegal drug through laboratory testing. Your attorney can challenge:

Lab testing problems:

• Were proper testing procedures followed?

• Was the testing equipment properly calibrated?

• Did the lab technician have proper qualifications?

• Were there errors in the testing process?

Chain of custody issues:

• Was the evidence properly documented at each stage?

• Could the evidence have been tampered with?

• Were there breaks in the chain of custody?

• Can the prosecution prove this is the same substance seized from you?

If the prosecution cannot establish proper chain of custody or reliable testing, the evidence may be excluded.

Entrapment

What it is:

Law enforcement induced you to commit a crime you wouldn't have otherwise committed.

When it applies:

• Undercover officers or informants pressured you to buy or sell drugs

• You had no predisposition to commit the crime

• The opportunity was created entirely by law enforcement

Important: Merely providing an opportunity to commit a crime isn't entrapment. The police must have induced or coerced you into criminal conduct you weren't predisposed to engage in.

Lack of Intent (for PWID charges)

For possession with intent to deliver charges:

Your attorney argues the drugs were for personal use only, not distribution.

Defense evidence:

• Small quantity consistent with personal use

• No packaging materials, scales, or other distribution paraphernalia

• No large amounts of cash

• No communications suggesting drug sales

• Your history shows personal use, not dealing

If successful, PWID charges can be reduced to simple possession, dramatically reducing potential penalties.

Attorney Brian F. Humble's 25+ years of experience defending drug cases means he knows which defenses work in Philadelphia courts and how to present them effectively to judges and juries. [link to: www.bhumblelaw.com/about-us]

The Drug Possession Case Process in Philadelphia

Understanding what happens at each stage helps you prepare:

Arrest and Charging

What happens:

• You're arrested and taken to the police station

• Police file charges with the Philadelphia District Attorney's Office

• You're processed (fingerprints, photos, background check)

• Bail is set at your arraignment

Critical: Invoke your right to remain silent and request an attorney immediately. Don't answer questions about drug possession without your lawyer present.

Preliminary Hearing (Philadelphia Municipal Court)

Occurs within 14 days (if in custody) or 21 days (if released):

• The prosecution presents evidence showing probable cause

• Your attorney can cross-examine police officers

• The judge determines whether there's sufficient evidence to proceed

Strategic opportunities:

• Your attorney challenges weak evidence

• Negotiations with prosecutors often begin here

• Some cases are dismissed if probable cause is lacking

Formal Arraignment (Court of Common Pleas)

If your case proceeds past preliminary hearing:

• You're formally arraigned on the charges

• Enter a plea (not guilty, guilty, nolo contendere)

• Pre-trial motions are scheduled

Your attorney:

• Files motions to suppress evidence

• Requests discovery (police reports, lab results, videos)

• Begins negotiating with prosecutors

Pre-Trial Motions

Critical stage for drug cases:

Motion to Suppress Evidence - Arguing illegal search and seizure Motion to Dismiss - Arguing insufficient evidence or legal defects Motion for Discovery - Obtaining all evidence the prosecution has

If your suppression motion succeeds, prosecutors may dismiss charges rather than proceed without their evidence.

Trial or Plea Negotiation

Two paths:

Plea agreement:

• Reduced charges (PWID reduced to simple possession)

• Alternative sentencing (treatment instead of jail)

• ARD or diversionary programs (first offenders)

Trial:

• Jury selection

• Opening statements

• Prosecution presents evidence

• Your attorney presents your defense

• Jury deliberates and renders verdict

Most drug cases resolve through negotiation, but having an attorney prepared to win at trial gives you leverage in negotiations.

Alternative Programs for Drug Possession in Pennsylvania

Pennsylvania offers programs that can help first-time offenders avoid conviction:

ARD (Accelerated Rehabilitative Disposition)

What it is:

• Diversionary program for first-time offenders

• Complete requirements and charges are dismissed

• Eligible for expungement after completion

Requirements:

• Plead guilty and accept program conditions

• Complete drug and alcohol evaluation and treatment

• Pay fines, costs, and supervision fees

• Complete community service (sometimes)

• Supervision period (typically 6-12 months to 2 years)

• Pass random drug tests

Benefits:

• No criminal conviction on your record

• Eligible for expungement

• Avoid jail time

• Maintain employment and housing

Not everyone qualifies: Prior offenses, violent conduct, or large quantities may disqualify you. Your attorney can advocate for ARD acceptance even if initial eligibility is uncertain.

Drug Treatment Court

What it is:

• Intensive treatment program as alternative to incarceration

• For defendants with substance abuse issues

• Combines treatment, testing, and court supervision

Requirements:

• Plead guilty or no contest

• Complete intensive outpatient or inpatient treatment

• Regular court appearances and progress monitoring

• Random drug testing

• Comply with all program rules

Benefits:

• Treatment instead of jail

• Reduced or dismissed charges upon completion

• Support and resources for recovery

Section 17 (Probation Without Verdict)

What it is:

• Pennsylvania law allowing probation before conviction for drug possession

• Available for first-time possession offenses

How it works:

• You're placed on probation before a verdict

• Successfully complete probation and charges are dismissed

• Violation of probation results in conviction

Benefits:

• No conviction if you complete probation successfully

• Can seek expungement after dismissal

Your Philadelphia drug possession attorney can determine which programs you qualify for and advocate for your acceptance. Attorney Brian F. Humble has successfully secured ARD and alternative programs for countless clients, helping them avoid convictions and move forward with their lives. [link to: www.bhumblelaw.com/practice-areas]

Consequences of Drug Possession Convictions Beyond Criminal Penalties

A drug conviction affects more than just criminal penalties:

Employment

Impact:

• Difficulty finding employment (background checks reveal convictions)

• Disqualification from certain professions (healthcare, education, government)

• Loss of professional licenses

• Termination from current employment

Education

Impact:

• Ineligibility for federal financial aid

• Denial of admission to colleges and universities

• Loss of scholarships

• Suspension from current educational programs

Housing

Impact:

• Denial of rental applications

• Eviction from public housing

• Difficulty obtaining mortgages

Immigration

Impact:

• Drug convictions can trigger deportation proceedings

• Denial of citizenship applications

• Bars to re-entry to the United States

• Loss of visa status

Driver's License

Impact:

• 6-month license suspension for drug convictions (Pennsylvania)

• Applies even if drugs weren't involved in driving

Firearm Rights

Impact:

• Felony drug convictions prohibit firearm ownership

• Loss of Second Amendment rights

These collateral consequences make fighting drug charges even more critical. Attorney Brian F. Humble understands what's at stake beyond jail time and fights to protect your entire future, not just your freedom. [link to: www.bhumblelaw.com/client-reviews]

What to Do If You're Charged with Drug Possession in Philadelphia

Taking the right steps immediately after arrest can significantly impact your case:

Contact an Attorney Immediately

Why this is critical:

• Evidence must be preserved and reviewed quickly

• Suppression motions require prompt action

• Negotiations are more effective when started early

• Your attorney can prevent you from making damaging statements

Call BHumble Law at (215) 600-1218 for a free consultation. Attorney Brian F. Humble responds quickly and begins working on your defense immediately. [link to: www.bhumblelaw.com/contact]

Exercise Your Right to Remain Silent

What to say to police:

• "I am invoking my right to remain silent"

• "I want to speak with my attorney"

• "I do not consent to any searches"

Then remain silent. Don't:

• Explain what happened

• Deny the drugs are yours

• Admit you knew about them

• Answer "just one more question"

Anything you say can and will be used against you. Protect yourself by saying nothing without your attorney present.

Document Everything

Write down immediately:

• Where you were and what you were doing

• How police stopped or encountered you

• Everything officers said and did

• Whether you consented to any searches

• Names and badge numbers of officers

• Names and contact information of witnesses

Preserve evidence:

• Don't throw away anything from the arrest

• Keep all paperwork (arrest documents, citations, bail papers)

• Take photos of any injuries

Don't Discuss Your Case

Avoid talking about your case with:

• Friends and family (except your attorney)

• Other inmates if you're in custody

• Anyone on recorded jail phone lines

• Social media (don't post anything about your arrest or case)

These conversations can be used against you. Only your communications with your attorney are protected by attorney-client privilege.

Follow All Bail Conditions

If you're released on bail:

• Attend all court dates

• Comply with any restrictions (curfew, no-contact orders, travel limitations)

• Check in with pre-trial services if required

• Stay out of trouble

Violating bail conditions results in additional charges and jail time while your case is pending.

How BHumble Law Fights Drug Possession Charges

When you hire Attorney Brian F. Humble for your drug possession case, you get:

Immediate Investigation:

• Review police reports for inconsistencies and errors

• Obtain body camera and dashcam footage

• Interview witnesses

• Inspect the location where drugs were found

• Request lab reports and chain of custody documentation

Constitutional Challenges:

• File motions to suppress illegally obtained evidence

• Challenge warrantless searches

• Argue Fourth Amendment violations

• Identify procedural errors that violated your rights

Expert Defense Strategies:

• Challenge constructive possession when drugs weren't on your person

• Question lab testing accuracy and chain of custody

• Present alternative explanations for your presence or possession

• Highlight reasonable doubt in the prosecution's case

Aggressive Negotiation:

• Communicate with Philadelphia prosecutors early and often

• Present mitigating factors and evidence supporting leniency

• Negotiate for reduced charges (PWID to simple possession)

• Advocate for ARD or alternative programs

• Fight for probation instead of jail time

Trial Preparation:

• Prepare for trial even while negotiating

• Retain experts when necessary

• Develop compelling cross-examinations

• Present powerful defense evidence

• Hold the prosecution to their burden of proof

Personalized Attention:

• Direct communication with Attorney Brian F. Humble

• Regular updates on your case status

• Honest assessment of strengths, weaknesses, and likely outcomes

• Support and guidance through a stressful process

With over 25 years defending drug cases in Philadelphia, Brian understands Pennsylvania drug laws, knows how Philadelphia courts operate, and has the experience to identify the best defense strategy for your specific situation. His "Courage for Justice" approach means never giving up on your freedom and your future. [link to: www.bhumblelaw.com/faq]

Frequently Asked Questions

Can I be charged with drug possession if the drugs were in a friend's car?

Yes, through "constructive possession." However, the prosecution must prove you knew the drugs were there and had control over them. If multiple people had access to the vehicle, your attorney can argue the prosecution cannot prove beyond a reasonable doubt that you possessed the drugs. This defense is often successful when drugs are found in shared spaces.

What if police found drugs during a traffic stop in Philadelphia?

Police need reasonable suspicion to stop your vehicle and probable cause or consent to search it. If the stop or search was illegal, your attorney can file a motion to suppress the evidence. Many drug possession cases are won by successfully arguing Fourth Amendment violations during traffic stops.

Will I go to jail for first-time drug possession in Philadelphia?

Not necessarily. First-time offenders are often eligible for ARD or other diversionary programs that avoid jail and conviction. Even if you're not eligible for ARD, many first-time simple possession cases result in probation rather than incarceration. An experienced attorney

significantly increases your chances of avoiding jail time.

How long does a drug possession case take in Philadelphia?

Cases typically take 6-12 months from arrest to resolution, though some resolve faster through early negotiation and others take longer if they proceed to trial. Pre-trial motions, discovery, and negotiation all take time. Your attorney should provide realistic timeframes based on your specific charges and circumstances.

Can I get drug possession charges expunged in Pennsylvania?

Yes, in certain circumstances. If you complete ARD successfully, you can petition for expungement. If charges are dismissed or you're acquitted, you can seek expungement. However, drug convictions generally cannot be expunged in Pennsylvania (with limited exceptions). This is why fighting charges and securing ARD is so important.

What's the difference between possession and possession with intent to deliver?

Simple possession is for personal use; PWID is for distribution. PWID is a much more serious felony charge based on factors like quantity, packaging materials, large amounts of cash, and communications suggesting sales. Your attorney can argue that evidence doesn't support intent to deliver and negotiate for reduced charges to simple possession.

Do I have to consent if police ask to search my car in Philadelphia?

No. You have the right to refuse consent to searches. Clearly state "I do not consent to any searches." Police may search anyway if they have probable cause, but your refusal protects your rights and gives your attorney arguments to challenge the search later. Never physically resist, but never consent.

Can I be charged with possession if I have a prescription for the medication?

Not if you have a valid prescription and the medication is in its original container with your name on it. However, possessing prescription medication without a prescription, in someone else's name, or in larger quantities than prescribed can result in possession charges. Always carry prescription medications in their original containers.

For more general questions about BHumble Law's services and consultation process, visit our [FAQ page]. [link to: www.bhumblelaw.com/faq]

Fight Your Philadelphia Drug Possession Charges with an Experienced Attorney

Drug possession charges in Philadelphia threaten your freedom, your criminal record, your employment, your education, and your future opportunities. Whether you're facing simple possession or more serious PWID charges, you need an attorney who knows how to challenge illegal searches, suppress evidence, negotiate with prosecutors, and fight for the best possible outcome in your case.

Attorney Brian F. Humble has defended drug possession cases in Philadelphia for over 25 years with a "Courage for Justice" approach that recognizes your dignity and fights for your rights at every stage. He understands Pennsylvania drug laws, knows how Philadelphia courts operate, and has secured successful outcomes for countless clients through suppression motions, ARD acceptance, reduced charges, and trial victories.

Don't face drug charges alone, and don't let one mistake define your future. The prosecution has experienced lawyers and the full power of the government behind them—you deserve equally experienced representation fighting for you. Call BHumble Law at (215) 600-1218 today for a free consultation. Your freedom, your record, and your future are too important to leave to chance—get the aggressive defense and dedicated advocacy you deserve.

Legal Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every case is unique. For guidance on your specific situation, contact BHumble Law at (215) 600-1218 for a free consultation.