Some of the most frequently charged criminal offenses in Pennsylvania are non-violent drug offenses, including possession and distribution. Even having a small amount of illegal controlled substances in your possession may lead to serious trouble, and you should contact an attorney for help fighting the charges immediately.

Simple possession may be charged just because you have illicit controlled substances in your control. Charges for possession with the intent to distribute may be assessed if the police have probable cause to believe you were selling or distributing the drugs. How charges are graded and their potential penalties tend to vary based on the kind of drugs allegedly involved. Charges often range from misdemeanors to severe felonies. To fight these charges, we can examine the evidence and determine if it is inadmissible and should not be used against you. We might also explore the possibility of downgrading charges through plea agreements.

Call our drug crimes lawyers with the Liberty Law Team at (215) 826-3314 and ask for a free initial case review to get started.

Criminal Charges for Drug Possession and Distribution

Criminal charges for possession and distribution of controlled substances are fairly common. While these charges are often for non-violent offenses, the potential penalties may still be harsh.

Simple Possession

According to § 13 of Pennsylvania’s Controlled Substance, Drug, Device, and Cosmetic Act, a person may be criminally charged simply for having controlled substances in their possession or control. Your possession must be knowing and purposeful, meaning that you knew about the drugs and chose to maintain them in your control.

Possession does not look the same in every case. While some people are charged because they knowingly had controlled substances on their person, in their home, or in their vehicle, others might be charged under different circumstances. For example, the drugs might be hidden somewhere secret that only you know about, effectively giving you control over them and constructive possession.

Charges for simple possession may vary from misdemeanors to serious felonies depending on the nature of the alleged controlled substances. Substances that are higher on the Schedule of controlled substances are more likely to lead to more severe charges.

Possession with the Intent to Distribute

In some cases, people who are found to be in possession of controlled substances face more substantial charges for possession with the intent to distribute (PWID). This is often a more severe charge as it not only involves possessing illegal drugs but also plans to sell or otherwise distribute them.

Determining whether someone has the intent to distribute can be challenging, and the evidence in each case often varies. Generally, the authorities will consider the “totality of the circumstances.” Put another way, they will consider all the facts and details of the case and decide if there is enough probable cause to suggest that the suspect intended to distribute.

A few common facts that the police use to establish this intent are the volume of drugs, the presence of materials for packaging, transport, and sale, and the presence of drug paraphernalia commonly used in the illegal drug trade.

How to Fight Charges for Drug Possession and Distribution in Cheltenham

Every defendant deserves defense strategies that are individually tailored to their specific situation and needs. However, certain strategies tend to be common as they may be effective under many different circumstances.

Excluding Evidence

The drugs themselves are often the key evidence in most drug-related cases. If the authorities seized the alleged drugs in violation of your rights, our drug crimes lawyers can work to have them excluded from the trial. It may be very difficult for prosecutors to meet their burden of proof without evidence of the alleged drugs, and we might be able to get the charges dropped or dismissed for a lack of evidence.

Even if we cannot get evidence of the alleged drugs excluded from the case, other evidence might have been seized illegally or is otherwise inadmissible. If so, we can try to have it excluded. The more evidence we exclude from the case, the harder it will be for prosecutors to prove the charges.

Overcharging

Sometimes, prosecutors can be a bit overzealous when it comes to assessing criminal charges. They often initially assess more severe charges, as it is often easier to downgrade them than upgrade them later. For example, you might be charged with PWID, a more severe offense, when the charges should really be simple possession.

If you are overcharged, we might work with prosecutors to downgrade the charges to something more reasonable, especially if there is little evidence to support the higher charges.

Plea Negotiations

One of the most common ways that criminal cases are resolved is through plea negotiations. For example, prosecutors might offer to downgrade the charges, drop some charges but not others, or recommend a more lenient sentence to the judge in exchange for a guilty plea.

Many cases of simple possession or even PWID are downgraded through plea bargaining. Prosecutors are often willing to negotiate with defendants in these cases because the alleged offenses are often non-violent.

What to Do if You Are Arrested for the Possession or Distribution of Drugs in Cheltenham

Once you are arrested for an alleged crime, the wheels of justice immediately start turning. It can be overwhelming in the moment, but you must remain calm, cooperate as best as you can with law enforcement, and call a lawyer as soon as possible.

Often, the police will want to interrogate arrested suspects about their alleged crimes. Before this can happen, the police must read you your Miranda rights, including your right to remain silent and have a lawyer present during questioning. Invoke these rights immediately. Even if you believe you have information that might exonerate you, get a lawyer by your side first.

Call Our Cheltenham Drug Crimes Lawyers for Legal Help Now

Call our drug crimes lawyers with the Liberty Law Team at (215) 826-3314 and ask for a free initial case review to get started.