Email or Call (215) 564-0644

    Philadelphia Criminal Lawyer – Possession with Intent to Deliver (PWID) Charge for Being at the Wrong Place & Wrong Time

    One of the more serious drug charges in Philadelphia is Possession with Intent to Deliver (PWID), a felony offense.  This means that you intended to manufacture and/or sell illegal drugs such as marijuana, cocaine and heroin.

    Sometimes, individuals may be charged with PWID because they were at the wrong place at the wrong time.  Consider the following scenario: College Student A is very good friends with College Student B who lives in West Philadelphia.  They often hang out at Student B’s house.  Unbeknownst to Student A, his friend’s brother is a drug dealer and often sells marijuana from the basement in the house.  Student A never suspected anything because he never went down to the basement because he was told that the basement was off limits.  For some time, the police suspect that there is illegal drug activity in the house, which is under surveillance.  On a particular day when Student A was in the house, the police raided and searched the house.  As a result, the police found large amounts of marijuana and cocaine in the basement and arrest everybody in the house, including Student A, who is charged with Possession with Intent to Deliver.  If convicted, Student A faces substantial penalties.

    In this scenario, Student A was charged with PWID because he was at the wrong place at the wrong time.  What are his defenses?

    Defenses to Possession with Intent to Deliver Drugs in Philadelphia

    One possible defense is that the drugs were illegally obtained by the police, therefore, the drugs cannot be admitted into evidence and used against Student A.  This is done by filing a motion to suppress the drugs found during the search.

    The drugs may have been illegally obtained, even if there was a search warrant.  There may not have been enough information to support the search warrant, which led to the illegal search and seizure.  Everything found during the illegal search would not be admissible.  In such a case, the court will grant the motion to suppress and the case would be dismissed because there is no drug evidence that can used at trial against Student A.

    Related: Prosecution withdraws Philadelphia drug case after top rated Philadelphia criminal lawyer files a Motion to Suppress.  Read more about this recent Philadelphia drug case.

    Help after Charged with Possession with Intent to Deliver in Philadelphia

    David Nenner has been a criminal defense lawyer in Philadelphia for over 30 years, and has been rated as a Top Philadelphia Criminal Defense lawyer.  Unlike many criminal defense lawyers, Mr. Nenner offers FREE consultations.  215.564.0644

    David S. Nenner

    "Top Rated Criminal Defense Lawyer"

    Not guilty on 1st Degree MURDER CHARGE (dec. 2022, Pottsville, Pa)

    Mr. Nenner's client faced first degree murder, third degree murder and various other charges. The Commonwealth alleged that Mr. Whitted stabbed and killed a driver after an incident at a red light in West Brunswick Township. Throughout the trial, Mr. Nenner argued...

    MURDER, Att. Murder CHARGES – Negotiated Significantly Lower prison sentence (Feb. 2022, PHILA)

    Mr. Anderson faced murder and attempted murder charges after an incident in Northeast Philadelphia involving the shooting death of Anderson’s sister’s boyfriend and the boyfriend’s roommate who was shot 5 times and survived. The decedent had previously beaten the...


    The Commonwealth alleged that Mr. Shelton shot and seriously injured a male in a bar in North Philadelphia called Circles. There was video of the shooting which happened outside the bar. However, Mr. Nenner presented witnesses who testified that the person in the bar...


    Mr. Nenner's client was charged with multiple crimes (murder, conspiracy, aggravated assault, robbery, etc.) after a shooting death occurred at a gambling house in North Philadelphia. At trial, Mr. Nenner successfully presented a self-defense argument and convinced...


    Mr. Nenner’s client was charged with murder and gun charges in Philadelphia. The client was accused of shooting and killing another male on Arch Street near the 5600 block of Ithan Street in Philadelphia. The jury returned a verdict of not guilty after deliberating...

    Drug Charges in Philadelphia PA State Court – Possession of a Controlled Substance

    In most criminal drug cases in Philadelphia, there are two common charges or offenses: Possession of a Controlled Substance and Possession of a Controlled Substance with Intent to Deliver. In addition to these drug charges, there are other drug related charges, such...

    Drug Charges in Philadelphia PA State Court – What is “Possession”

    Page last reviewed and updated: October 20, 2019 One of the most common types of criminal state (PA) cases in Philadelphia is possession of drugs. Possession of a Controlled Substance (PCS) and Possession of a Controlled Substance with Intent to Deliver (PWID) often...

    Pennsylvania Second Degree Murder (AKA: Felony Murder) Law

    Philadelphia criminal lawyer David S. Nenner discusses the current status of second degree murder law in Pennsylvania. This is also known as the felony murder rule. Get info about PA court decisions and the agency theory. Not every case of death during the commission of a felony will result in a second degree murder conviction in PA.

    Philadelphia Murder Cases – Police Investigation Tactics

    Questioning Police Officer Tactics in Philadelphia Murder Cases Within the last 10 years, there have been several murder Philadelphia criminal cases in which the accused individuals were acquitted of the crimes. In these cases, the individuals spent months, if not...

    Murder Charges in Pennsylvania – Murder Law in Pennsylvania

    An explanation of Pennsylvania murder laws including Section 2502. What is murder in the first degree, murder in the second degree and murder in the third degree. Get a summary of the definitions under Pennsylvania criminal law.