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If you have been put under arrest on drug crimes such as Controlled Substance Possession, you need the council of one of our skilled and highly-reliable drug possession attorneys as soon as possible. We provide a criminal defense strategy session to those people who are dealin with criminal indictments. Contact us to defend your case and how we can help you out. We face all types of drug cases ranging from misdemeanors such as Simple Possession of a controlled substance, Possession with the Intent to Deliver ("PWID"), Criminal Use of a Communications Facility ("CUCF"), Possession of a Small Amount of Marijuana ("SAM"), cases involving confidential sales to undercover drug officers, drug trafficking, and more.
Possession with the Intent to Deliver (PSID)
If you are indicted for possession of illegal drugs, there are a great deal of potential felony and misdemeanor indictments you could deal with. First, you could be indicted for the Possession with the Intent to Deliver of a controlled substance. The PWID is a felony regardless of the kind of a substance sold. A first-crime felony indictment of selling an illegal substance, such as marijuana, will be heard in the Municipal Court, while a drug delivery indictment for any other controlled substance will proceed to trial in the Court of Common Pleas. This is because the max. sentence for a first crime marijuana delivery indictment is five years behind bars, while the max sentences for selling other controlled substances (such as, crack cocaine, heroin, many types of pills, and PCP) are much higher.
A PWID indictment requires the district prosecutor (DP) to prove not only that you had constructive possession of a controlled substance, but also that you either sold or intended to sell the controlled substance to someone else. So, DP will typically indict PWID either when the law enforcement will testify that they saw drugs transactions or the drugs were found in quantities and with packaging or scales which prove they were not for personal use.
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It is not always necessary for the law enforcement to see a drug sale so as to indict for felony PWID. Even where accusation cannot prove that the controlled substances were ever sold, the Assistant District Attorney may use a witness in an attempt to prove that the quantity of drugs or the way in which they were sold proves that they could not have been for personal use. For instance, the law enforcement expert could testify that the fact that the accused person possessed a scale along with new and unused packaging indicates that the indictee intended to sell the controlled substance.
Intentional Possession of Controlled Substances
Whether the law enforcement did not observe present sales and they recovered only a relatively small amount of illegal substances, you could be indicted for a misdemeanor such as Knowing and Intentional Possession of a Controlled Substance. It, also known as Simple Possession, requires the Commonwealth to prove only that you were in possession of an illegal drug or a controlled substance with no prescription.
Motion to dismiss at the Preliminary Hearing Trial
As first defense is to challenge the Commonwealth s evidence at the preliminary hearing. In a felony case, with some relatively odd exceptions, the accused is entitled to a preliminary hearing shortly after being arrested. At the preliminary hearing, the Commonwealth must show that it is more likely than not that the accused perosn sold or intended to sell a controlled substance.
Once detained, our skilled and highly-reliable criminal defense attorneys will immediately begin probing your case so as to asses whether it may be possible to get dismissal of some or all of the indictments at the preliminary hearing. For instance, we may be able to successfully examine the law enforcement officers to prove that the indictee was present where other individuals were possessing or selling ilegal substances or that because the alleged drug buyers were never stopped by the law enforcement, it is impossible to say whether or not the accused actually sold anything.
Whether the possession case proceeds to the Court of Common Pleas or is recorded for trial in the Municipal Court, then there may be pre-trial motions which can be filed as part of a defense strategy. Our criminal attorneys have vast experience in defending drug cases through the use of pre-trial motions.
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Sentencing for Drug Convictions
Even misdemeanor violations are serious. A countless cases carry significant prison time, and there can be a great deal of life-changing collateral aftereffects to an indictment ranging from the loss of driving privileges to the student financial aid, and employment. For example, even a first offense conviction for possession of a small amount of marijuana triggers a mandatory six month driver s license suspension in Pennsylvania. If you are not a United States citizen, a drug conviction can lead to serious immigration consequences up to and including deportation.
Drug Criminal Defense Attorneys
If you are indicted for selling or possessing illegal substances, you really need a skilled and well-experienced criminal defense attorney who can probe and study your case, define whther your rights have been violated, and provide you with all options and a strong defense. You should not take on that you have to plead guilty just because the law enforcement found drugs on or near you or in a vehicle. The Commonwealth has to prove that the search was legal and that the illegal substances were yours.
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Possession with the Intent to Deliver (PWID) a controlled substance and other drug possession cries are serious indictments, and you need to be seriously defended. Our Criminal Defense attorneys know how to provide you with this defense.