Non-violent drug offenses are among the most charged offenses in Pennsylvania. Defendants often face stiff penalties, even for just having illegal substances in their possession. Charges related to selling or distributing drugs may be even harsher. You should call a lawyer for help fighting your charges immediately.
There is a wide range of possible drug charges in Pennsylvania. While many defendants face various forms of charges for possess, such as possession with the intent to distribute, others may face far harsher charges. You might be charged for allegedly manufacturing drugs or actually selling or distributing them to others. Whatever the case might be, your attorney may help you defend yourself by examining the evidence against you.
Call our drug crimes attorneys with Kenny, Burns & McGill at (215) 423-5500to get a free, private review of your case.
Charges for Possession with Intent to Distribute Drugs in Norristown
Just having drugs within your possession is one thing, but distributing them is quite another. If the authorities suspect someone of planning to distribute the controlled substances in their possession, they may face harsh criminal charges.
What is PWID?
According to § 780-113(a)(30) of the Controlled Substance, Drug, Device and Cosmetic Act (the Act), it is illegal to possess controlled substances with the intent to distribute them. Possession with the intent to distribute (PWID) may be charged as a felony, but charges are based on how the alleged controlled substances are scheduled under the Act.
You do not have to actually distribute anything to face PWID charges. Even if you never distribute the alleged drugs to anyone, you might still face serious criminal penalties if the authorities can prove your intent to distribute.
It might be possible to work with prosecutors to downgrade these charges to a lesser offense, such as simple possession. Defendants charged with simple possession may be charged with a misdemeanor instead of a felony.
Evidence to Support PWID Charges
Usually, no single factor is enough to justify PWID charges, and the authorities will consider the totality of the circumstances.
The authorities will often look for things like packaging materials that indicate that the drugs were meant to be distributed. This might include small plastic baggies, glass vials, balloons, and various household materials commonly used for packaging.
The authorities may also consider the quantity or volume of drugs. If one person has a very large quantity of a controlled substance, there is a greater likelihood that they planned to sell it.
The presence of drug paraphernalia may also indicate an intent to distribute. For example, scales to weigh drugs and equipment to manufacture them may be used to justify PWID charges.
Charges for Actual Distribution or Delivery of Drugs in Norristown
If you are accused of selling, delivering, or otherwise distributing controlled substances to other people, you may face serious charges.
According to the Act, charges for actual delivery or distribution may be assessed as felonies. Your specific charges and penalties may vary based on the alleged controlled substance involved. For example, if you are charged for distributing or delivering a Schedule I or II narcotic, you may face felony charges that include a prison term of up to 15 years, a fine of up to $250,000, or both.
The authorities must present evidence to support their claims that you distributed controlled substances. They might try to use electronic communications (e.g., emails, texts, social media) to show that you delivered drugs to someone. They might also bring in witnesses who claim to have purchased drugs from you or saw you deal drugs.
The authorities must also be able to prove the existence of the drugs. Often, the police will secretly observe alleged drug deals before moving in to arrest and seize the drugs. In others, they go undercover as buyers and make the arrest after the transaction.
Criminal Charges for Producing or Manufacturing Drugs
Before drugs can be possessed or sold, they must be manufactured. Charges for manufacturing drugs are also quite severe, and you may be facing serious prison time and heavy fines.
The possible penalties for a conviction for manufacturing controlled substances depend on what kind of controlled substances are being made and the quantities seized by law enforcement. Generally, the more serious the drugs, and the greater the quantities, the harsher the penalties. Defendants often face felony charges for manufacturing controlled substances.
The police may also seize evidence they believe proves you were producing the drugs. This may include equipment commonly used to manufacture drugs and the ingredients needed to make them. The drugs themselves are, of course, key to the case.
How to Fight Drug Possession and PWID Charges
Facing drug charges may feel overwhelming, but you have a right to defend yourself that the authorities cannot trample on.
If the police seized the alleged drugs without a warrant and a valid warrant exception, the seizure might have been illegal. If so, the drugs may be excluded from the case. Many different drug charges may fall apart if the alleged drugs themselves are excluded from evidence because they were illegally seized.
We may challenge possession or PWID by challenging the various details the authorities have used to justify PWID charges. If there is little evidence to suggest distribution, PWID charges may be reduced or dropped. Also, we might challenge your intent. Possession typically requires that the defendant know about the drugs. If you truly did not know, tell your lawyer immediately.
If you are charged with manufacturing controlled substances, we may challenge whether the authorities can prove that you actually manufactured anything. Having equipment that could possibly be used in a drug manufacturing scheme does not automatically mean drugs are being produced. Unless the authorities can provide more evidence, the case against you might be weak.
Can I Be Charged if I Report a Drug Overdose?
Some people fear taking someone they know for help after a drug overdose because they are afraid of facing criminal charges. If you are charged after reporting an overdose, tell your lawyer about it. You might be able to get immunity from criminal charges under specific conditions.
You might be immune from criminal charges under § 780-113.7(a) if the police only find out about the crime because you called to report the overdose and if you stayed with the person overdosing, talked to the police, gave your name, etc. However, this can only prevent charges for certain lesser offenses and does not typically stop charges for more serious drug crimes like distribution or trafficking.
Ask Our Norristown Drug Possession Attorneys for Help Immediately
Call our drug crimes attorneys with Kenny, Burns & McGill at (215) 423-5500 to get a free, private review of your case.
