You have a potential defense and must retain an experienced criminal defense attorney to protect your rights. The preliminary hearing is an important proceeding in which your attorney will be able to explore very the police violated your rights and to otherwise set up a defense. If the Commonwealth fails to establish a link between you and the drugs, your attorney can move for a dismissal at the preliminary hearing.
Your first step is clear. You need to retain qualified criminal defense counsel who is experienced in drug defense. You also should not provide any additional information on a public forum; and, lastly, do not discuss the circumstances of your case with ANYONE other than an attorney. Secure counsel immediately.
You need to hire a Philadelphia lawyer as soon as possible who is familiar with defending clients at the Criminal Justice Center. I assume you are out on bail because you're posting this. That being said, the Commonwealth will try to link you up to the drugs through "constructive possession." Your best bet is to get someone to fight for you at the preliminary hearing to try to get your charges discharged for lack of evidence. In the worst case scenario, a good lawyer at the preliminary hearing will damage the Commonwealth's case so that you can be that much closer to a not guilty at trial. Philadelphia is tough. Good luck!
(215)564-1634 work (215)849-2173 cell Montoya Shaffer, LLC 100 S. Broad Street, Suite 1216 Philadelphia, PA 19110 www.montoyashaffer.com
You definitely need to sit down with someone as soon as possible. Whether they were physically in your possession is not going to be enough to defeat the charges, though it may be a factor. The sooner that you sit with someone, the sooner you can begin to clear your name.
Michael L. Doyle
Sounds like you need an experienced Philadelphia criminal lawyer. You should speak with at least 3 attorneys and choose the one with whom you feel the most confident. Assuming that the next court date is a preliminary hearing, your attorney should interview you along with any other witnesses, find out if there are any "issues" with the police officers involved with your case, and come up with a strategy for the hearing. There will be a chance to ask questions of the officers at the hearing. It is important that your attorney be prepared.
Thomas Malone, Esq.