Drug Possession
Possession, trafficking and selling drugs are serious 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.
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Important Notice:
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.
Choose an Experienced and Dedicated Lawyer to Defend Your Case
Watch our Criminal Defense Overview
Video Transcript
Speaker: Andrew Gay, Jr., Philadelphia Criminal Defense Lawyer
“In a criminal matter, preparation is key. Whether you are walking into a preliminary hearing room, or you are preparing for trial.
When I’m preparing for your criminal trial, I will look over every scrap of evidence that exists. I will look at police reports, witness statements, 911 tapes, transcripts of 911 tapes, preliminary hearing testimony, anything that is available for me will have been thoroughly reviewed and discussed with you before we walk in.
I will know what each individual witness has to say about the most important issues in your trial. And it’s honing in on those important issues and the differences in testimony between the prosecution witnesses and the defense witnesses that will better prepare me to make sure that the correct argument is made to your jury.
In order to make sure that I’m able in your criminal trial to attack the witnesses that are testifying against you, I make sure that I look at each and every statement and compare it to their prior testimony at a preliminary hearing to make sure that there is no way for them to change their story, to make sure that there’s no way for them to then embellish upon what they previously told the police, or what they previously testified to in court. And many times, being able to attack a witness based on prior inconsistent testimony is what helps us win criminal trials.
It’s very important for you as the client to make sure that you have someone on your side from the very beginning of the case. So waiting to hire a lawyer until after the preliminary hearing many times is a big mistake, because if the lawyer who’s representing you at trial also properly prepared for your preliminary hearing and interviewed your witnesses prior to your preliminary hearing, the trial result is going to be much better.”
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