Beginning December 25, 2014, a new law in Pennsylvania took effect that closes a loophole in the DUI sentencing law.
So many times I hear clients tell me, 'but the drug wasn't mine!' Unfortunately, the government does not consider ownership when it charges an individual with possession. In a drug trafficking case, the government must prove the individual possessed the drug. There are two types of possession: actual possession and constructive possession. Let's look at both types.
In my last entry, we looked at the often overlooked aspect of jurisdiction to develop a defense strategy against drug trafficking. This entry will look at the other aspects of developing a defense strategy including cooperation with the government; search and seizure, and the entrapment defense.