If you’ve been charged with drug possession, your future can look and feel bleak. The stakes are high, with potential penalties including jail time and a permanent criminal record.
To defend yourself effectively and embrace all of your available resources, you’ll first need to understand the various types of drug offenses and their associated retributions. That’s where an experienced drug possession attorney comes in.
Your attorney’s job is to help you navigate these complexities and build a strong defense. They’re there to advocate for your rights in court, help you find crucial evidence, and explore every available strategy to employ in your case.
In this blog post, we’re not just talking about the types of drug offenses – we’re explaining what they mean, their potential consequences, and what an attorney can do for you.
Types of Drug Offenses
Each type of drug charge carries different penalties, which can be influenced by factors such as the type and amount of drugs involved, as well as the individual’s prior criminal record.
In Pennsylvania, these offenses contribute significantly to the state’s criminal caseload, highlighting the need for robust legal representation. Obtaining a competent lawyer can mean the difference between a harsh sentence and even getting drug charges reduced or dismissed.
Drug Possession
Possession involves an offense regarding the control over illegal substances without a valid prescription. These types of charges can vary from simple possession (small amounts for personal use) to possession with intent to distribute.
For example, possessing a small amount of marijuana may result in less severe penalties compared to possessing heroin or cocaine.
In Philadelphia, marijuana is decriminalized, not legalized. This means marijuana is still illegal, but possessing, smoking, or buying small amounts can result in a civil violation notice (CVN) with a fine, not criminal charges. A small amount is defined as 30 grams or less, roughly 1 ounce.
To reiterate, the type of drug you possess and the amount can greatly influence the severity of your charges. Drugs are categorized into Schedules I through V by the Drug Enforcement Administration (DEA) based on their potential for abuse, medical use, and harm.
Schedule I drugs, such as heroin and LSD, are illegal everywhere, while Schedule II through V drugs have varying degrees of legality and medical use. The quantity you possess also affects the charges, with larger amounts often indicating intent to sell or distribute. For more detailed information on drug schedules and how they impact possession charges, read our full article on the subject.
Drug Distribution
An individual engaged in selling or delivering illegal drugs is committing drug distribution. This offense also covers sharing drugs without financial gain. The severity of distribution charges often depends on the quantity of drugs involved and the presence of any aggravating factors, such as selling drugs near schools or to minors.
However, in Philadelphia, selling drugs (no matter the amount) will get you arrested.
Drug Manufacturing
The penalties for manufacturing drugs are typically serious, especially if the operation is large-scale or involves hazardous chemicals.
Manufacturing charges can apply to activities such as growing marijuana plants, operating a methamphetamine lab, or creating synthetic drugs. These types of drug charges can also apply to the illegal production of prescription drugs.
Drug Trafficking
Transporting and distributing large quantities of drugs is considered a more severe offense known as trafficking.
This can include crossing state lines or international borders with controlled substances. Trafficking charges in Pennsylvania are typically felonies, even if it is the first time the defendant is found guilty of this offense, and can carry prison sentences between seven to twenty years.
In some cases, a prosecutor might offer a plea bargain, allowing the defendant to plead guilty to a lesser charge. This can happen in exchange for the defendant’s cooperation or providing valuable information for a more significant investigation.
These deals often involve serious offenses that come with mandatory minimum sentences and are pursued rigorously by the prosecution.
The volume of drugs and the involvement of organized crime can escalate the severity of trafficking charges.
Steps to Take if Charged with Drug Possession
If you are charged with a drug offense, it is important to take steps to protect your rights. Hiring a criminal defense attorney should be your first move.
These attorneys specialize in defending individuals facing drug charges and will provide the skills needed to navigate the legal process.
The Role of a Drug Possession Defense Attorney
An experienced drug possession attorney will assess your case and identify possible defenses. In court, they will represent you and advocate on your behalf, working to achieve the best possible outcome.
Commonly, they can negotiate with prosecutors for reduced charges or alternative sentencing options. A skilled criminal defense lawyer will also help you understand your rights and build a strong defense, which can include gathering evidence and witness statements.
Ultimately, their experience with the legal system and drug laws can make a significant difference in the outcome of your case.
Defense Strategies for Drug Charges
There are various defense strategies that a drug possession attorney might use, depending on the specifics of the drug charges involved.
One common defense is to challenge the legality of the search and seizure that led to the discovery of the drugs. If the evidence was obtained illegally, it might be dismissed.
Another defense is demonstrating a lack of possession, meaning you did not have control over the drugs. Entrapment, where law enforcement induced you to commit the offense, is another possible defense. Additionally, insufficient evidence, challenging the prosecution’s ability to prove all elements of the crime, can also be a strong defense.
Each of these strategies requires a thorough understanding of the law and the specifics of your case.
Facing Drug Charges in Pennsylvania? Contact Us.
Dealing with drug possession charges is daunting, but you don’t have to do it alone.
At Pike Law, our experienced attorney is ready to provide the guidance and representation needed to protect you and achieve the best possible outcome. We’ve been down this road many times, and we know exactly how to best advocate for your rights.
If you or a loved one in the Kingston area is dealing with drug charges, don’t wait. Contact us today for a consultation and take the first step toward a strong defense.
