Trusted Advocates for Drug Possession Cases in Pennsylvania
Beware the tactics employed by police and prosecutors who may try to convince you that fighting drug possession charges is futile. They may present the evidence against you as ironclad, leaving you with no alternative but to plead guilty and accept the consequences. However, it's important to remember that you always have options, and seeking the guidance of an experienced attorney is crucial in exploring and leveraging those options.
At Solomon, Berschler, Campbell & Thomas, P.C., we boast over 30 years of experience assisting individuals in Montgomery County, Norristown, and across Pennsylvania in their fight against drug charges. Our expertise extends to cases involving possession of marijuana, cocaine, methamphetamine, heroin, and illegally obtained prescription drugs. Rest assured that we are dedicated to safeguarding your rights throughout the legal process.
Facing drug possession charges in Pennsylvania? Call Solomon, Berschler, Campbell & Thomas today at(610) 624-2006or contact us online to schedule a meeting with one of our drug possession attorneys in Montgomery County!
Pennsylvania Drug Possession Laws
Pennsylvania has specific laws about drug possession. The laws classify controlled substances into different schedules based on their potential for abuse and medical value. The possession of these substances is regulated accordingly.
Here is an overview of Pennsylvania's drug possession laws:
Possession of a Controlled Substance: Possessing any controlled substance without a valid prescription is illegal. Controlled substances include marijuana, cocaine, heroin, methamphetamine, LSD, and prescription medications such as opioids, benzodiazepines, and amphetamines.
Possession of Drug Paraphernalia: It is also illegal to possess drug paraphernalia, which refers to items used for manufacturing, ingesting, or processing controlled substances. This can include syringes, pipes, bongs, scales, and certain packaging materials.
Constructive Possession: In Pennsylvania, you can be charged with drug possession even if the drugs were not found on your person. If you have control over the location where drugs are found, such as your home or car, and it can be proven that you have the knowledge and the ability to control the drugs, you can be charged with constructive possession.
Marijuana Possession: While the possession of small amounts of marijuana for personal use is decriminalized in some cities, such as Philadelphia and Pittsburgh, it remains illegal outside of these areas. It's essential to stay updated on current laws as they may change.
Given the complexity of drug possession laws and potential consequences, consulting with an experienced Montgomery County drug possession attorney who can provide guidance specific to individual cases and ensure rights protection throughout the legal process is advisable.
FAQ: Drug Possession in Pennsylvania
What is the difference between possession and possession with intent to distribute?
Simple possession refers to having a controlled substance for personal use. In contrast, possession with intent to distribute involves having a larger quantity of the substance or other evidence suggesting distribution, such as packaging materials or large amounts of cash. The latter carries harsher penalties.
What should I do if I am charged with drug possession in Pennsylvania?
If charged with drug possession, it's crucial to seek legal counsel immediately. An experienced attorney can help navigate the legal process, explore defense options, and work towards the best possible outcome. It's also important to refrain from making any statements to law enforcement without legal representation.
Can drug possession charges affect my employment or education opportunities?
Yes, a drug possession conviction can impact employment and educational opportunities. It may lead to difficulties in finding a job, affect professional licenses, or result in ineligibility for certain educational programs. Legal advice can help mitigate these consequences.
Can a drug possession charge be expunged from my record in Pennsylvania?
Expungement of a drug possession charge in Pennsylvania may be possible under certain circumstances, such as completing a diversion program or if the charge was dismissed or resulted in a not guilty verdict. Eligibility for expungement can vary, and consulting with an attorney can provide clarity on whether your case qualifies.
What are the Penalties For Drug Possession in Pennsylvania?
The penalties for drug possession in Pennsylvania vary depending on the type and quantity of the drug involved.
Here are the potential sentences and fines for different drug categories:
Schedule I and II Drugs: Possession of Schedule I and II drugs can result in up to 20 years in prison and fines of up to $25,000.
PCP, LSD & Fentanyl: Possession of PCP, LSD, and fentanyl can lead to up to 20 years in prison and fines of up to $20,000.
Any Other Controlled Substance: Possession of any other controlled substance not falling into the previous categories can result in up to 5 years in prison and fines of up to $15,000.
In some cases, there are drug addiction issues that need to be addressed. While the prosecutor may be pushing for punishment, what is really needed is treatment. We understand the options available for treatment and alternatives to punishment in drug possession cases.
Defenses to Drug Possession Charges
When facing drug possession charges in Pennsylvania, several defenses can be employed depending on the circumstances of the case. It's important to consult a Montgomery County drug possession lawyer to determine the most appropriate defense strategy.
Here are some common defenses used in drug possession cases:
Unlawful Search and Seizure: If the drugs were obtained through an illegal search and seizure conducted by law enforcement, it may be possible to challenge the admissibility of the evidence. The Fourth Amendment protects individuals from unreasonable searches and seizures, and if this protection was violated, the evidence may be suppressed.
Lack of Knowledge: A defense of lack of knowledge involves asserting that the defendant was unaware of the presence of drugs. This defense can be effective if it can be demonstrated that the drugs were concealed or placed there by someone else without the defendant's knowledge.
Unlawful Possession: If it can be proven that the defendant did not have actual or constructive possession of the drugs, it may be possible to argue that the possession was unlawful. Constructive possession requires proving that the defendant had knowledge of the drugs' presence and the ability to exercise control over them.
Medicinal Use: In certain cases, if the defendant can demonstrate that they possessed the drugs for medical purposes with a valid prescription or under the supervision of a healthcare professional, it may serve as a defense. This defense is more applicable to prescription medications than illicit drugs.
Crime Lab Analysis: Challenging the accuracy and reliability of drug testing conducted by crime labs can be a defense strategy. This can involve questioning the handling of the evidence, chain of custody, and accuracy of the testing procedures.
Entrapment: If law enforcement officers induced or coerced the defendant into committing the crime of drug possession, an entrapment defense may be applicable. Entrapment occurs when the government's conduct goes beyond mere opportunity and creates a substantial risk that an individual who would not have otherwise committed the offense does.
Contact Our Montgomery County Drug Possession Attorneys Today
If you are facing drug possession charges and require strong legal representation, contact our experienced drug possession attorneys in Montgomery County. Our firm serves clients throughout Pennsylvania and is dedicated to protecting your rights and providing a robust defense strategy. We understand the complexities of drug possession laws in Montgomery County and will work tirelessly to explore all possible defenses and fight for the best possible outcome in your case. Don't navigate the legal system alone. Trust Solomon, Berschler, Campbell & Thomas to be your advocate and champion in the face of drug possession charges.
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