Bensalem Drug Crimes Lawyer: Possession and Distribution

Although many drug crimes are non-violent in nature, they are often punished quite harshly. Some of the most common charges revolve around possession and distribution. These crimes may vary significantly based on the type of controlled substances supposedly involved and the defendant’s intent. You should hire a lawyer to help you as soon as possible.

If you are arrested for a drug-related offense, stay calm and cooperate with the authorities, but avoid talking about the alleged offense. Demand to have a lawyer at your earliest opportunity. Your attorney can review the situation and determine what kind of penalties you might be facing, depending on how the alleged controlled substances are classified. Depending on the situation, you might be charged with simple possession, possession with the intent to distribute, or actual delivery or distribution.

Receive a free, private case assessment from our drug crimes attorneys by calling the Liberty Law Team at (215) 826-3314.

What to Do If You Are Arrested for a Drug-Related Offense in Bensalem

Being arrested is never fun or easy, but it is a crucial step in the criminal justice process. What you do might affect how your case proceeds, and you must be careful.

First, you must stay calm and not resist or run. Your instincts might tell you to resist the police or try to flee, but this is almost always a bad idea. Resisting might only lead to more criminal charges, and fleeing may be used against you later.

Second, you must call a lawyer immediately. You will likely be taken into custody, booked, and held at the police station. Before the police ask you anything about the alleged offense, they must read you your Miranda rights, including your right to have a lawyer. Invoke this right immediately.

Finally, avoid answering questions without your lawyer. Even if you believe you can say something that will convince the police of your innocence, remain silent. You should explain this information to your lawyer first and then, with your lawyer’s help, talk to the police.

How the Schedule of Controlled Substances Affects Your Case

There are far too many controlled substances to list here, and they are all classified according to the Schedule of controlled substances under the Controlled Substances, Drug, Device and Cosmetic Act in Pennsylvania. The classification of the substances in your case will affect how you are charged and the severity of the penalties.

Under § 780-104, drugs may be classified in 1 of 5 “Schedules.” Schedule I drugs are the most severe. It includes substances that are addictive, extremely harmful, and have little to no legitimate medical uses. Examples include heroin, LSD, cocaine, and meth.

On the opposite end of the spectrum are Schedule V drugs. These tend to be less addictive and often have legitimate medical uses. For example, cough medicine containing codeine, certain pain medications, and even substances used in household cleaners like bleach are classified here.

How You Might Be Charged with a Possession Offense

Possession may be charged in a few different ways, depending on your specific situation. Some of the most common charges are simple possession and possession with the intent to distribute (PWID).

Simple Possession

Simple possession might be one of the most common charges on the books in Pennsylvania. It is a non-violent offense and does not always lead to the harshest charges, but penalties may still include jail time.

Simple possession may be charged under § 780-113(a)(16) mentioned above. It may involve simply having controlled substances on your person or somewhere you can control them, like your home or vehicle. According to subsection (b) of the Act, simple possession may be charged as a misdemeanor.

Possession with the Intent to Distribute

Possession with the intent to distribute (PWID) is a more severe offense, according to § 780-113(a)(30). Charges will vary based on how the drug is classified. For example, if you are charged with PWID in relation to Schedule I or II narcotics, you may face felony charges that carry up to 15 years in prison and a $250,000 fine.

When You Can Be Charged with Distribution or Delivery of Drugs

Charges for distribution require just that: actual distribution. PWID charges are not the same as charges for actual distribution. While PWID requires only the intent to distribute or deliver drugs, actual distribution requires that the prosecutor prove that you really sold or otherwise delivered drugs to someone else.

Selling drugs for money is only one form of delivery or distribution. You do not even have to make money to be charged. You could give the drugs away and still face criminal charges.

In many cases, distribution is proven by undercover police officers. They might go undercover to buy drugs from known distribution and then arrest them for the crime.

Fighting Charges for Drug Possession and Distribution in Bensalem

How our drug crimes attorneys fight your charges should be uniquely tailored to your situation and specific needs.

We might fight charges for simple possession by showing that you had a legal right to have the drugs. For example, you might have had a valid prescription from a doctor to have a serious medication that is also a controlled substance.

If you are charged with distribution, we might challenge the prosecutor’s ability to prove actual distribution. Maybe they can show you had the drugs, but if they cannot prove you delivered them to anyone, the charges should be reduced or dropped.

Negotiating Plea Agreements for Drug Possession or Distribution Charges

Plea agreements are very common within the criminal justice system, and they happen all the time in drug cases. One possibility is that a defendant charged with PWID can enter a plea agreement to plead guilty to lesser charges, such as simple possession. While a guilty plea is not ideal, you could avoid extremely harsh penalties.

Negotiating a favorable plea deal requires examining the prosecutor’s evidence. If the evidence is not very strong, we may have more leverage to negotiate a better deal, allowing you to avoid the harshest penalties. However, if the evidence is too weak, we might want to take the case to a full trial, as you may be more likely to get an acquittal.

Contact Our Bensalem Drug Crimes Attorney for Legal Help Immediately

Receive a free, private case assessment from our drug crimes attorneys by calling the Liberty Law Team at (215) 826-3314.