Philadelphia Drug Crime Defense Lawyer

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.

Types of Drug Charges Our Criminal Lawyers Handle

At Liberty Law Team, 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.

Criminal Charges for Drug Distribution 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.

What to Do After Being Arrested for Drug Distribution 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 distribution defense lawyers can begin working on the next steps, including your arraignment, bail, and preliminary hearing if you are charged with a felony.

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 Charges

The law distinguishes between many different types of drug crimes. For example, one of the most common drug charges is “simple” possession, which describes possession for personal use, generally in small quantities. Another common allegation is possession with intent to distribute or deliver (PWID), which is similar to a drug trafficking charge.

Drug trafficking is a more serious offense, because 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.

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.

The Law Office of Lonny Fish handles many types of drug trafficking charges in Philadelphia, including criminal allegations involving Schedule I controlled substances, Schedule II controlled substances, Schedule III controlled substances, Schedule IV controlled substances, and Schedule V controlled substances.

Penalties for Drug Trafficking in Philadelphia

The criminal penalty for drug trafficking depends on factors such as:

• The defendant’s criminal record. For example, is it a first offense or 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.

Taking these and other factors into consideration, a skilled Philadelphia drug trafficking lawyer can identify legal strategies to fight the charges head-on or reduce the penalties you face. 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 lesser offense, criminal fines for drug trafficking in Pennsylvania could reach into the hundreds of thousands, while the prison sentence could be as long as 20 years.

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 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

Types of Cocaine Charges in Philadelphia

The possession, sale, and trafficking of cocaine is illegal in Pennsylvania and every other state. When facing cocaine charges, it is important for the defendant to understand the difference between possession for personal use, which is called simple possession, and possession with the intent to deliver, which is sometimes abbreviated to PWID.

Simple possession of cocaine in Philadelphia is described as knowingly or intentionally possessing a controlled substance by an individual who is not licensed or registered to possess such a substance. A simple possession charge holds the assumption that the cocaine held by a defendant was intended for personal use. Cocaine is currently classified as a Schedule II drug.

Possession with intent to deliver is described as knowingly or intentionally possessing a controlled substance for the purpose of distributing it to other parties.

Possession charges can further be categorized as “actual possession,” which means the defendant allegedly had cocaine on his or her person, and “constructive possession,” which means the defendant allegedly had control over cocaine inside a house, vehicle, or other accessible location. Different penalties for these crimes may apply depending on the circumstances of the case.

Cocaine Possession

Criminal defense attorney Lonny Fish, founding attorney at The Law Office of Lonny Fish, has decades of experience representing defendants accused of serious drug crimes involving cocaine, including:

• Cocaine Possession with Intent to Deliver (PWID)
• Simple Possession of Crack Cocaine
• Simple Possession of Powder Cocaine
• Possession of Cocaine Paraphernalia

He has achieved favorable results for countless clients who were facing tough, seemingly hopeless situations, including sentence reductions, acquittals, and case dismissals. If you or a family member is under investigation for the alleged possession of cocaine in Philadelphia, attorney Lonny Fish is prepared to provide the aggressive, robust defense that you are entitled to.

Penalties for Felony and Misdemeanor Cocaine Possession

Cocaine possession charges may involve possession for personal use, which is called “simple possession,” or possession for the purpose of selling or distributing the cocaine, which is called “possession with intent to deliver” or PWID. What is the difference between simple possession and possession with the intent to deliver cocaine in Pennsylvania? Although the facts surrounding an arrest will affect the charge, the distinction between these two drug possession charges often comes down to two factors:

• The weight of the cocaine.
• The way the cocaine is packaged when discovered.

Smaller amounts often indicate possession for personal use, while larger quantities or multiple, separately packaged baggies are often used as evidence of the intent to distribute the drugs.

The penalties for cocaine possession also depend on several factors, including:

• Whether the offense is charged at the state or federal level. Most cocaine-related crimes are prosecuted under state law, but if the drugs allegedly cross state lines – for example, if the cocaine is transported between Pennsylvania and New Jersey – it becomes a more serious federal offense.

• The amount of cocaine and the nature of the charge. PWID is generally treated as a more serious charge than simple possession, because it involves a larger quantity of drugs and represents a greater potential for harm to others.

• The defendant’s criminal history. If the defendant has been convicted of cocaine possession or related drug offenses in the past, sentencing may be harsher than sentencing for first-offense cocaine possession.

Simple possession of cocaine is frequently charged as a misdemeanor, whereas PWID is more likely to result in felony charges. The potential penalties for a felony are tougher and more severe than the potential penalties for a misdemeanor.

The penalties for felony possession of cocaine in Pennsylvania range based on how much cocaine is involved in the offense. The maximum prison sentence for first-offense felony cocaine possession, or subsequent offenses, is 15 years in prison. In addition, there can be a criminal fine as high as $250,000. Furthermore, a conviction will result in driver’s license suspension for a period of six months for a first offense, one year for a second offense, and 18 months for a third offense.

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.

In addition to fighting cases head-on, we will work to get our clients accepted into diversionary programs, such as ARD (Accelerated Rehabilitative Disposition), when it is available and in the client’s best interest. As a natural result of the many years of experience we have in handling cocaine possession cases in Philadelphia, we can advise our clients when it is best to fight a charge or when negotiating a deal may be the best choice.

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.