FREE CONSULTATIONS

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"
    (2015-2022)

    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...

    Att. MURDER CHARGES – NOT GUILTY JURY VERDICT (April 2022, PHILA)

    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...

    MURDER, Robbery CHARGES – NOT GUILTY JURY VERDICT (MAY 2021, PHILA)

    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...

    MURDER CHARGE – NOT GUILTY JURY VERDICT (MAY 2021, PHILA)

    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 Possession Case – Motion to Suppress Granted

    Mr. Nenner presented evidence that to show that the traffic stop was a pretextual stop. The officer had no reason to pull the car over. The judge agreed and suppressed the evidence. As a result, the prosecution withdrew the charges.

    Sentencing for 1st Degree Murder in PA

    In this article below we discuss sentencing for 1st degree murder cases in Pennsylvania. In later articles, we will discuss sentencing for 2nd and 3rd degree murder cases. If you or a loved one is facing murder charges in Philadelphia or the surrounding counties,...

    Philadelphia Criminal Trials – Evidence Pointing to Another Perpetrator in Drug Possession or Drug Manufacture Cases

    In criminal trials in Philadelphia, one pretty common defense tactic is pointing the finger at another person at trial. This can raise enough doubt to result in a not guilty verdict by the judge or jury that the defendant was not the perpetrator of the crime. Here’s...

    Philadelphia Murder & Gun Possession Cases Increasing in 2021 – A Look at Common Charges & Defenses

    A look at PA criminal law for Murder (1st, 2nd, 3rd Degree), Aggravated Assault, Robbery, Possession of a Firearm, Carrying a Firearm Without a License, Carrying a Firearm in Philadelphia (misdemeanor).

    Pennsylvania Murder Charges, Deceased Person’s Statements Used to Prove Guilt

    Defense Trial Strategies – Excluding Statements That Accuse the Defendant Prosecutors often look to a deceased individual’s statements made prior to a murder to show that the defendant is guilty. These statements may point to a history of violence between the deceased...

    Pennsylvania (State) Drug Charges, Dog Sniffs & Constitutional Law

    Federal and Pennsylvania state courts treat narcotics dog searches differently. So different that the same scenario could result in different outcomes in federal versus state court. For example, a Philadelphia resident is pulled over for speeding. During the traffic...