Drug charges can change your life forever. A conviction related to the possession of controlled substances could lead to years in prison, tens of thousands of dollars in fines, the mandatory suspension of your driver’s license, and other penalties, such as probation or mandatory community service.
In addition, you risk sustaining serious damage to your career and professional reputation. Depending on the nature of the drug charge, and the nature of your work, you could even lose your job. This risk is especially great for people who work with children, such as teachers and daycare employees, as well as people who operate commercial vehicles, such as truckers, pilots, bus drivers, and taxi drivers.
At the Law Office of Lonny Fish, our criminal defense attorneys proudly defend the constitutional rights of individuals who are facing drug crime charges in Philadelphia and the surrounding counties. From drug possession, drug trafficking, drug manufacturing, drug cultivation, and possession of paraphernalia to illegal assembly of chemicals, our respected and effective team of criminal attorneys is fully equipped to vigorously defend your rights and challenge the evidence against you. We may be able to have your charges reduced, or even have your case dismissed.
However, it is important that you contact us as soon as possible for help. The earlier our drug crime defense lawyers are able to get involved in your case or the investigation into your alleged activities, the more strongly positioned we will be to dispute the accusations against you. The longer you wait to seek legal help and hire a defense attorney, the fewer strategies will remain viable in the defense of your case.
At Liberty Law Team, our attorney Lonny Fish has years of experience defending the rights of the accused. He will fight for you and do everything in his power to get the best possible outcome for your case. Contact us today at (215) 709-7431 for a free consultation.
What to Do After Being Arrested on a Drug Charge in Philadelphia
While it might be tempting to resist when the police take you into custody, this may only make the situation worse. The best thing you can do at that moment is to cooperate quietly and remain silent.
Just remember, the police cannot force you to talk to them beyond giving basic identifying information like your name and address. When you are taken into custody, the police might try to ask you questions. First, they should not ask you incriminating questions if they have not informed you of your Miranda rights. Second, do not talk to the police until you have a lawyer.
Once in custody, the police should inform you of Miranda rights, including your rights to remain silent and have a lawyer present. You should invoke both these rights clearly and directly. The police might try to convince you they only want to help, but you should avoid giving them any information without a lawyer.
You might be charged shortly after being arrested, and our drug crime defense lawyers can begin working on the next steps, including your arraignment, bail, and preliminary hearing if you are charged with a felony.
Types of Drug Charges Our Criminal Lawyers Handle
At the Law Offices of Lonny Fish, we comprise a team of highly successful criminal defense attorneys who have years of experience representing defendants charged with misdemeanor drug offenses and felony drug offenses. As such, we possess an in-depth and exceptional understanding of the laws surrounding your case. We know exactly how to build an effective defense strategy that is based on compelling evidence. You can be confident that we will utilize and exhaust each of our resources in the fight to reach a favorable resolution on your behalf.
Our Philadelphia criminal defense law firm is equipped to handle a wide array of drug charges, ranging from minor offenses to extremely serious federal crimes such as allegations of interstate drug trafficking. Types of drug-related criminal cases we handle include:
- Drug Possession/Possession of Controlled Substances (Actual Possession, Constructive Possession): Possessing even a small amount of an illegal drug can result in a felony charge. The penalties for this offense can range from probation to several years in prison.
- Manufacturing: If the police allege that you were involved in the manufacture of drugs, you will be facing felony charges. The penalties for this offense depend on the type of drug involved but can range from several years to life in prison.
- Trafficking: Trafficking is the most serious drug offense and is punishable by up to 40 years in prison. Also, because trafficking involves large amounts of drugs, you may be facing federal charges.
- Possession of Drug Paraphernalia (Bongs, Pipes, Drug Equipment)
- Possession with Intent to Distribute/Deliver (PWID): If the police believe that you are selling drugs or intend to sell them, you will be facing more serious charges. This offense is usually a felony and can carry a prison sentence of up to 20 years.
- Prescription Fraud
- Selling Drugs to Minors
We have experience investigating alleged crimes involving many types of narcotics and controlled substances, ranging from commonly charged substances like cocaine and marijuana (pot, weed, cannabis) to less frequently prosecuted substances such as peyote and DMT. We understand the unique sentencing laws and drug diversion programs that apply to each substance and use our nuanced understanding of Pennsylvania’s drug laws to fight for outcomes that are favorable to our clients.
Drug Possession Charges in Philadelphia
The consequences of a drug conviction are serious, even for a first-offense misdemeanor drug charge. You need to take steps to defend yourself by hiring an aggressive law firm with a record of obtaining results.
PA Penalties for PWID and Simple Possession of Controlled Substances
The penalties for drug possession in Pennsylvania can vary widely, depending on factors such as:
- The type and quantity of the drug involved. For example, there can be very different penalties for the possession of four grams versus 40 grams versus 400 grams.
- Whether the conviction is for misdemeanor drug possession or felony drug possession.
- Whether the offense involved weapons, stolen vehicles, or other contraband.
- Whether the offense was committed in front of children, or while you were responsible for providing childcare as a parent, legal guardian, babysitter, teacher, coach, counselor, school bus driver, or daycare operator/employee.
- Whether you have a record of prior drug offenses.
- Whether you were operating a vehicle while under the influence of prescription drugs or street drugs that were in your possession.
Depending on how the alleged offense is “graded” (categorized as a felony or misdemeanor), you may be facing penalties that include:
- Third Degree Misdemeanor Drug Possession
- Fine – Up to $5,000
- Sentence – Up to 1 year in jail
- Second Degree Misdemeanor Drug Possession
- First Degree Misdemeanor Drug Possession
- Fine – Up to $10,000
- Sentence – Maximum of 5 years in prison
- Third Degree Felony Drug Possession
- Fine – Up to $15,000
- Sentence – Maximum of 7 years in prison
- Second Degree Felony Drug Possession
- Fine – Up to $25,000
- Sentence – Maximum of 10 years in prison
In some cases, there can be enhanced penalties. For example, the fine for PWID involving heroin can be as great as $250,000: 10 times the maximum fine that is typically imposed for a felony.
Under the Pennsylvania drug laws, which are combined into the Controlled Substances, Drugs, Device, and Cosmetic Act, examples of misdemeanor drug possession charges include:
- First-Offense Simple Possession
- Possession of Drug Paraphernalia
- Possession of Small Amount of Marijuana for Personal Use (Under 30 Grams)
- Second- or Subsequent-Offense Simple Possession
Examples of felony drug possession charges include:
- First-Offense Simple Possession of GHB
- Possession with Intent to Deliver Marijuana (PWID Marijuana)
- Possession with Intent to Deliver Cocaine (PWID Cocaine)
- Possession with Intent to Deliver Heroin (PWID Heroin)
- Possession with Intent to Deliver MDMA (PWID MDMA)
- Possession with Intent to Deliver Methamphetamine (PWID Methamphetamine)
- Possession with Intent to Deliver Other Narcotics (Schedule I, Schedule II)
- Possession with Intent to Deliver PCP (PWID PCP)
- Second- or Subsequent-Offense Simple Possession of GHB
Drug Distribution Charges in Philadelphia
Drug distribution may refer to various criminal charges involving the sale or disbursement of controlled substances. Offenses may involve alleged small-time drug dealers or large-scale trafficking schemes. In any case, drug-related criminal charges often come with harsh penalties.
One common charge is possession with the intent to deliver, sometimes referred to as PWID. To be charged, you must have some controlled substances in your possession unlawfully, and there must be a reason for the police to believe you intended to sell or distribute them. The police may use numerous factors to reach this conclusion, including the quantity or volume of controlled substances, how they are packaged, and where they are found.
Other charges often associated with distribution include the manufacture of controlled substances, weapons charges, and charges for allegedly dealing drugs to minors. The exact nature and penalties you might face depend on numerous factors, including the Schedule of the drug allegedly involved.
Controlled substance Schedules include 5 categories ranging from relatively mild substances to dangerously addictive drugs. The more severe the substance, the greater your charges might be. These drug schedules may include both illicit substances and prescription medicines.
Defending Yourself Against Charges for Drug Distribution in Philadelphia
The best defense tactics vary from case to case. What works for one defendant might not work for another. Various defense strategies might be worth exploring in your situation.
PWID vs. Simple Possession
One way to challenge your charges is to have them reduced to something less severe. For example, charges for simple possession tend to be minor and are often charged as misdemeanors. On the contrary, charges for PWID are much harsher and can be felonies.
PWID charges encompass the same criminal elements as simple possession, but there are additional elements that must be met for charges to stick. We can help you challenge these additional elements to keep your charges as low as possible.
To be charged with PWID, the police need some probable cause showing that you intended to distribute the alleged controlled substances. Probable cause might come from the volume of drugs, the way they are packaged, where they are found, or other factors within the totality of the circumstances. Often, the police need several factors to support their claims, not just one.
If the police lacked sufficient probable cause to believe you intended to distribute the alleged controlled substances, we can argue that the charges should be dismissed. In many cases, we can work out a plea deal with prosecutors to reduce the charges to simple possession.
Illegal Searches and Seizures
The Fourth Amendment prohibits law enforcement from conducting searches or seizing property without a valid warrant. However, certain exceptions exist that allow for warrantless searches and seizures. For example, if the police can see drugs in plain view and do not need to search, they may seize them without a warrant.
If the police searched your home or private space without a warrant, and you do not believe there was a valid exception to the warrant rule, we can help you fight the evidence. Evidence seized illegally is tainted and must not be used in court. If we can suppress evidence of controlled substances, the case against you may be severely weakened.
Lack of Evidence
Even if the police did everything by the book, they might still lack enough evidence to warrant criminal charges. The average person might be unfamiliar with what kind of evidence is necessary for criminal charges to stick, and the police might use their powers of intimidation to make you believe they have everything they need. An attorney can tell when charges are bogus.
When there is a lack of evidence, defendants can ask the court to dismiss their charges in a pretrial motion. We can help you submit a motion to dismiss for lack of evidence. If the court agrees, you might be let go. Depending on how the charges are dismissed, the prosecutor might be allowed to refile them if they come up with additional evidence.
Drug Trafficking Defense in Philadelphia
Charges for drug trafficking can lead to prosecution in state or federal court. In either situation, the penalties can be extremely harsh, often including a prison sentence that stretches for years or even decades. Heavy fines can also be imposed, along with collateral consequences like difficulty finding jobs or qualifying for scholarships.
Drug trafficking is legally the same offense as possession with the intent to distribute (PWID), which is often charged as a serious felony. Drug trafficking is a phrase often used to describe PWID on a much larger scale.
How is Drug Trafficking Committed?
Again, drug trafficking is PWID. It involves the distribution of or intent to distribute illegal controlled substances. The difference is not exactly a legal one but is rooted in how we perceive drug trafficking as a much larger, more serious offense.
When people talk about drug trafficking, it tends to involve large quantities of controlled substances, sometimes transported across state lines, such as transporting drugs between Pennsylvania and New Jersey or Pennsylvania and New York. Drug trafficking may involve selling drugs, transporting drugs, cultivating drugs, and/or producing or manufacturing drugs unlawfully.
What Substances Are Involved in Drug Trafficking?
Like other drug offenses, drug trafficking can involve an array of controlled substances, whether illicit street drugs like heroin or prescription pills like OxyContin.
Unless authorized by law with the appropriate medical licenses and qualifications, the production, transportation, or distribution of prescription medications is illegal, just like the production, transportation, or distribution of methamphetamine and other street drugs.
Drug trafficking may involve various Schedule I, II, III, IV, and V substances, including, but not limited to…
- Adderall
- Ambien
- Crack Cocaine (Rock)
- Fentanyl
- Gamma Hydroxybutyric Acid (GHB)
- Heroin
- Ketamine
- LSD (Acid)
- Marijuana (Cannabis, Pot, Weed)
- MDMA (Ecstasy, Molly, X)
- Mescaline
- Methadone
- Methamphetamine (Meth)
- Morphine
- OxyContin
- Percocet
- Peyote
- Phencyclidine (PCP, Angel Dust)
- Powder Cocaine (Coke)
- Psilocybin Mushrooms (Magic Mushrooms, Shrooms)
- Steroids
- Valium
- Vicodin
- Xanax
Penalties for Drug Trafficking in Philadelphia
The penalties for drug trafficking or PWID depend on numerous factors, and the final sentence often varies from case to case.
Grading of Charges
How drug trafficking charges are graded largely depends on what kind of controlled substances are allegedly involved.
If you are charged with PWID or drug trafficking involving Schedule I or II narcotics, you may be charged with a felony. If convicted, you may face a maximum prison term of 15 years, a fine of $250,000, or both.
If your case allegedly involves GHB – a drug commonly known as a date rape drug – or the psychedelics MDA or MMDA, you will also face serious felony charges. You may face up to 15 years in prison, a fine of up to $250,000, or both.
Drug trafficking charges involving PCP, methamphetamine, cocaine, or marijuana in excess of 1,000 lbs. will also be charged as a felony. If convicted, you may face a maximum prison term of 10 years, a fine of up to $100,000, or both.
Drug trafficking charges that involve any other controlled substance classified under Schedule I, II, or III may be charged as felonies punishable by up to 5 years in prison, a fine of up to $15,000, or both.
Charges related to Schedule IV controlled substances are also charged as felonies. If convicted, you may face a prison term of up to 3 years, a fine up to $10,000, or both.
Finally, drug trafficking involving Schedule V controlled substances may be charged as a misdemeanor. Convicted defendants face a jail term of up to 1 year, a fine of up to $5,000, or both.
Factors Considered During Sentencing
Though many of the former mandatory minimum sentences for drug trafficking are now obsolete, drug trafficking crimes are generally felonies in Pennsylvania, meaning the courts can still impose extremely long prison sentences, in addition to financially devastating criminal fines.
Depending on the details of the alleged crime and whether it is classified as a first-degree felony or a lesser offense, criminal fines for drug trafficking in Pennsylvania could reach into the hundreds of thousands, and the prison sentence could be as long as 20 years.
The criminal penalty for drug trafficking depends on factors such as:
- The defendant’s criminal record. For example, is it a first offense or a second offense? Does the defendant have a record of prior drug convictions?
- The quantity of drugs involved. The sentence for trafficking a few dozen grams of a controlled substance can be years longer than the sentence for trafficking two or three grams of the same substance.
- The type of drugs involved. For example, trafficking Schedule I substances generally results in greater penalties than trafficking Schedule III substances.
- Whether the crime is charged at the state or federal level. Generally speaking, federal crimes carry longer sentences and higher fines.
Fighting Charges for Drug Trafficking in Philadelphia
Taking these and other factors into consideration, we can identify legal strategies to fight the charges head-on or reduce the penalties you face.
Illegally Seized Evidence
Drug charges, including those for drug trafficking or PWID, require some evidence of drugs for prosecutors to secure a conviction. In many cases, the police seize evidence of the drugs, including the drugs themselves, illegally. For example, if the police entered your home to search for drugs without a warrant, the evidence they seized may be illegal if the authorities cannot prove that a special exception to the warrant rule allowed a warrantless search.
Illegal evidence must not be entered into evidence and used against you. Our drug trafficking defense lawyers can file pretrial motions with the court to have this evidence excluded, and the jury will not hear about it. In many cases, when evidence of the drugs is excluded, the entire case falls apart.
The Defendant’s Intent
Drug trafficking charges require an intent by the defendant to commit the crime. This intent may be legally negated if you were not acting of your own free will. Were you a willing participant or acting under duress?
Drug trafficking, especially on a larger scale or involving large networks or trafficking rings, often involves unwilling participants. You might have been roped into the scheme by others who misled you or forced you to help them. If this is the case, tell your lawyer, and we can discuss it with the police.
Lack of Evidence
Is there enough evidence to support PWID or trafficking charges? Even if we do not have any evidence excluded from the case, prosecutors might try to move forward with charges based on very flimsy evidence. If there is no way that they can meet their burden of proof with this evidence, we can ask the judge to dismiss the charges. Even if the judge disagrees with us, the jury is unlikely to convict based on such weak evidence.
PWID is often based on a totality of the circumstances rather than any single piece of evidence. If there is not enough evidence to prove drug trafficking, a lesser offense, like simple possession, might be more appropriate.
Consequences of a Drug Crime Conviction in Philadelphia
A drug crime conviction can have a lasting effect on your life. If you are convicted of a felony, you will lose your right to vote and own a firearm. You may also have trouble finding a job or housing.
A drug crime conviction can also lead to immigration consequences if you are not a U.S. citizen. You may be deported or denied entry into the country if you are convicted of certain drug crimes.
If you have been charged with a drug crime in Pennsylvania, contact an experienced criminal defense attorney as soon as possible. At Liberty Law Team, our attorney Lonny Fish has years of experience defending the rights of people just like you.
The penalties for drug charges depend on factors like what type of substance is involved, the quantity of the substance involved, and the nature of the alleged offense. Some drug crimes are graded as misdemeanors, while others are prosecuted as high-level felonies carrying years or decades of prison time. Other penalties that can result from a drug-related conviction include probation, loss of your driver’s license, and the creation of a criminal record, which can cause problems when you are applying for jobs, loans, student programs, training programs, or housing.
Due to the extremely serious nature of drug offenses, it is imperative that you take immediate action. You need to secure the representation of a highly skilled and reputable Philadelphia criminal defense attorney.
What are Ways to Defend Yourself Against Drug Crime Charges?
Common defenses of drug crimes are the mere presence or mere association. As always, the Commonwealth has the burden of proving that a crime occurred and identifying you as an actor. Another defense strategy could be that the narcotics possessed were for personal use or that one was not in possession or constructive possession of the item(s).
If an item is not on one’s person, the government must prove beyond a reasonable doubt that it was constructively possessed. In order to prove constructive possession, one must prove that one has the knowledge, dominion, and the intent to exercise control over that item.
Additionally, one can defeat a drug charge by litigating motions to suppress. If items were recovered as a result of an unlawful search and seizure, them, and their fruits would be prohibited at trial.
At times, those who sell drugs do so to support their own habits. To those, there are many programs available, including Drug Court, Section 17, ARD, Veterans Court, State Intermediate Punishment, and County intermediate punishment. If these programs are not an option, at sentencing, it is important to stress rehabilitation rather than jail for those who need it. Alternatively, many of these drug cases can be defended. Which Drugs are Most Often Associated with Drug Crime Charges?
The following drugs are most often associated with drug crime charges:
- Cocaine
- Heroin
- Methamphetamine
- Ecstasy
- LSD
- PCP
Can You Be Released on Bail if You Are Charged with a Drug Offense in Philadelphia?
Possibly, but drug charges are often regarded as an extremely serious offense, and it may be difficult to secure your pretrial release, especially if the court believes you are a flight risk or pose a threat to the community. Even so, you have a right to a bail hearing, and we can urge the court to release you on bail while your case is pending.
What Should You Do if Police Want to Search Your Property in a Drug Investigation?
If the police knock on your door and demand to search your property as part of a drug investigation, you should ask to see a warrant. If the police have a warrant, you are legally obligated to let them search your home.
Do not interfere with the investigation, even if the actions of law enforcement are unlawful. Doing so will likely land you in even bigger trouble. Whatever happens, discuss the search with a lawyer immediately.
How Can You Prove that the Police Seized Evidence Illegally?
A big sign that the police may have searched your home illegally is the lack of a warrant. If there is no warrant, we must make the police prove that their warrantless search falls under a specific exception to the warrant rule. If they cannot prove this, we may argue that the evidence is illegal and must be excluded.
Our Philadelphia Drug Crime Attorneys Can Help
If you or a family member has been arrested for a drug offense in the Philadelphia area, you need to contact the Law Office of Lonny Fish as soon as possible for legal assistance. We bring decades of collective experience to the table and would be proud to offer you the hard-hitting defense strategies that you require at this time. It is important to understand that drug offenses are heavily investigated, severely prosecuted and aggressively sentenced throughout the state of Pennsylvania. You need a fierce advocate to help you navigate through the complexities of the legal system.
Do not try to face your charges alone .A drug crime lawyer can also negotiate with prosecutors to get charges reduced or dismissed. At Liberty Law Team, we will work hard to get you a favorable outcome in your case. Don’t wait until it is too late; call us today at (215) 709-7431 to schedule a free consultation. We will fight for you.
Liberty Law Team 
