Upper Darby Drug Crimes Lawyer: Possession and Distribution

Drug-related offenses are perhaps some of the most commonly charged offenses in Pennsylvania. While numerous criminal charges may involve controlled substances, many people are charged with illegal possession or the distribution of drugs. If this sounds like your current situation, contact an attorney for help immediately.

Criminal charges for possession might be something somewhat minor, such as simple possession, or something far more severe, like possession with the intent to distribute (PWID). Distribution charges relate to the actual sale or delivery of drugs to others. While many people are charged for selling drugs, you do not have to be paid to be charged with distribution. The penalties for the charges may be quite severe, and you and your attorney should begin developing defense strategies right away.

Contact our drug crimes lawyers with the Liberty Law Team for a free case review by calling us at (215) 826-3314.

Criminal Charges for the Possession of Drugs

Numerous drug offenses are illegal under the Controlled Substance, Drug, Device and Cosmetic Act in Pennsylvania. Among these illegal offenses are crimes related to possession.

According to § 78-113(a)(16), simply possessing a controlled substance may be a criminal offense. Simple possession may include keeping drugs somewhere on your person, like in a pocket or a bag. However, you may also exercise constructive control, meaning the drugs are not physically with you, but you still have control over them, wherever they are. This might involve storing drugs in a secret place or just keeping them in your home or vehicle.

Simple possession is often a misdemeanor offense, depending on the drugs allegedly involved.

Possession with the intent to distribute (PWID) is a far more serious offense, as described under § 78-113(a)(30). This involves not only having drugs in your possession but also having the intent to distribute or deliver them to others. No actual distribution is required for charges to apply.

PWID may be charged as a serious felony, but this depends on what kind of drugs were involved.

Criminal Charges for the Distribution or Delivery of Drugs in Upper Darby

Actual distribution of drugs is a very serious offense and may lead to harsh penalties. However, there may still be ways to fight the charges.

The police need certain kinds of evidence to support charges for the illegal distribution or delivery of controlled substances. Just having the drugs prepared for delivery is not enough. You must be caught trying to deliver. This is why so many police officers go undercover to buy drugs. If the police cannot prove that you actually gave the drugs to another person, you should not be charged with distribution.

How Serious Are Penalties for Drug Possession and Distribution?

The severity of drug charges for things like possession and distribution varies significantly from case to case. Generally, the more serious the alleged drugs are, the more serious the charges.

Drugs are classified according to a statutory schedule., Schedule I drugs are the most severe, and Schedule V drugs are the least. If your charges allegedly involve controlled substances close to Schedule I, you may face harsher penalties.

Substances that are highly addictive, very harmful, and lack any sort of medical purpose are usually classified higher on the drug schedule. Those that might be less harmful or addictive and have some legitimate medical purpose may be classified at a lower level. Even prescription drugs you get from a doctor may fall somewhere on this schedule.

How to Challenge Criminal Charges for Drug Distribution or Possession

One way our drug crimes lawyers can challenge your charges is to challenge the evidence of the drugs. If we can somehow have the drugs excluded as evidence, the entire case could fall apart.

This often happens in cases where the police get ahead of themselves and seize drugs as evidence before they get a warrant, and they cannot claim a special exception to the warrant rule. If they do climb a special exception, we must make them prove it. If they cannot, we may be able to suppress evidence of the drugs.

Was there actual distribution? The police must have evidence of actual distribution. This often involves undercover officers testifying about buying drugs from the defendant. However, it might also involve things like security camera footage and testimony from those who witnessed the defendant deliver drugs. If this evidence is not present or is very weak, we can fight our charges.

Plea deals can help those who might be unable to overcome all the evidence against them. The prosecutor might agree to reduce charges and penalties in exchange for a guilty plea. In some cases, defendants charged with PWID may plea their cases down to simple possession, a much less severe offense with more lenient penalties.

What a Lawyer Can Do to Help You with Possession or Distribution Charges in Upper Darby

It is not usually a good idea for criminal defendants to handle their cases alone. You need an attorney to help you.

First, your lawyer can shield you from the authorities. The police may act like they are trying to help you when they first arrest and try to talk to you about the alleged offense, but they are almost constantly working against you. Your attorney can advise you when you should speak to the police and when you should invoke your right to remain silent.

Your attorney can also communicate with the court regarding hearing dates and scheduling. Court procedures and scheduling can feel frustrating, but it is a necessary part of the process.

What to Do if You are Arrested for the Alleged Possession or Distribution of Drugs

If you are arrested for possession, PWID, or distribution, remain calm and cooperate with the authorities as best as you can. Once you get to the police station, call an attorney at your very first opportunity.

Do not talk about the alleged offense or agree to anything before talking to your lawyer first. Even if you are positive that you can say something to prove your innocence, keep it to yourself until you run it by a lawyer.

Speak to Our Upper Darby Drug Crimes Lawyers for Help with Possession and Distribution Charges

Contact our drug crimes lawyers with the Liberty Law Team for a free case review by calling us at (215) 826-3314.