Criminal Defense Attorney Zak Goldstein Wins Motion to Quash in Possession with the Intent to Deliver Case

Philadelphia Criminal Lawyer

Philadelphia criminal defense lawyer Zak T. Goldstein, Esquire recently won the full dismissal of the charges against his client in a case involving charges of Possession with the Intent to Deliver various controlled substances such as crack, heroin, and marijuana. In Commonwealth v. A.T., Attorney Goldstein won the dismissal of all charges by filing a Motion to Quash in the Court of Common Pleas. Because the trial judge agreed that the Commonwealth had completely failed to prove that A.T. ever possessed any drugs, the judge dismissed the entire case against her. 

In A.T., Philadelphia police officers testified at the preliminary hearing that they saw a group of people running down the street. Based on their experience, they believed that they were witnessing people either running away from a shooting or that a shooting was about to occur. Therefore, the officers immediately gave chase to determine what was going on.

The majority of the group made it into a house before the police stopped them. One person, however, was left behind and locked out. That person told the officers that he believed that there was going to be a shooting. The officers then went around to the back of the house and a saw A.T. and another person run from the house. The officers chased them, caught them, and brought them back to the house.

The officers then searched the house for evidence of a shooting. In one bedroom in a baby’s crib, they found a significant quantity of narcotics. They also found drug paraphernalia in that bedroom. Later, the officers saw a cat in the kitchen pawing at a duffel bag. Allegedly concerned that the cat might be hungry, the officers went into the bag to see if there was cat food in the bag. They found more drugs in the bag in the kitchen. 

Officers asked A.T. who lived in the house, and she admitted to living there. She did not, however, tell them that the drugs in the bag or in the bedroom belonged to her. The officers also found mail in her name in the house, but they did not say where they found the mail. The officers testified at the preliminary hearing that there was more than one bedroom in the house and that they had brought the male who ran out the back of the house back to the house, as well. They ultimately let that person go without filing drug charges against him. 

Based on the discovery of the significant quantity of drugs and paraphernalia in the house and the fact that A.T. admitted to living there and receiving mail there, the officers decided to arrest A.T. and charge her with Possession with the Intent to Deliver. A.T. quickly retained Attorney Goldstein, who moved for dismissal of the charges at the preliminary hearing on the grounds that the Commonwealth failed to establish that A.T. constructively possessed the drugs in question. The Municipal Court Judge, however, disagreed and held A.T. for court on all charges.

Attorney Goldstein then filed a motion to quash in the Court of Common Pleas. A motion to quash, which is sometimes called a Habeas Petition in the suburban counties, asks the Court of Common Pleas judge to review the notes of testimony from the preliminary hearing and dismiss some or all of the charges. Essentially, it is an appeal of the preliminary hearing that could result in the dismissal of a case prior to charges if the Commonwealth really introduced insufficient evidence at the preliminary hearing. 

In the quash, Attorney Goldstein argued that the Commonwealth failed to establish anything beyond A.T.’s presence in a house in which police later found drugs. In order to prove possession of a controlled substance where the defendant is not found physically possessing the drugs (with the drugs on him or her), the Commonweath has to establish constructive possession. Constructive possession requires showing that the defendant knew about the drugs and had the intent and ability to control them. This doctrine protects an individual from being held responsible for drugs that belong to someone else.

Thus, if you live in a house with a roommate who is involved in drug activity, you should not be held responsible for the decisions of your roommate so long as you do not participate in the drug activity. Here, the Commonwealth showed only that there were drugs in a house and that A.T. stayed in the house. The Commonwealth completely failed to show that the drugs belonged to her, that the mail was found anywhere near the drugs, or that she was engaged in selling drugs. Furthermore, because multiple people had run through the house and then out the back of the house, it was very possible that one of those people had seen the police chasing them and discarded the drugs in the house so as to avoid drug possession charges. 

The trial court agreed that there was simply insufficient evidence to force A.T. to stand trial for Possession with the Intent to Deliver. Therefore, the court dismissed all of the charges, and A.T. will be eligible to have the arrest record expunged immediately. 

If you need a criminal defense lawyer in Philadelphia, we can help. 

Criminal Defense Lawyer for Drug Charges - Zak T. Goldstein, Esquire

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, DUI, and Murder. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.