Do not face criminal charges for drug possession and distribution offenses alone; get the legal help and support you need to navigate the criminal justice system from our experienced attorneys.
Drug possession can be charged as simple possession for small amounts or possession with intent to distribute (PWID) for larger amounts. Penalties vary for distribution of highly addictive narcotics versus other controlled substances. Still, any conviction could lead to prison time and fines. You could even face federal charges for cross-state drug trafficking or possession on federal property, which may carry harsher consequences than state charges alone.
Kenny, Burns & McGill’s drug crimes lawyers can evaluate your case for free when you call us at (215) 774-5644.
How is Drug Possession Charged in Wayne, PA?
If you are arrested for drug possession in Pennsylvania, you need to understand the possible charges you could face and how they vary in severity.
Simple Possession
Simple possession is generally charged as a misdemeanor in Pennsylvania. You might be charged with this offense if you only possessed a small amount of a controlled substance that was intended for personal use.
In general, the more addictive and controlled a specific drug is, the less of it you can possess and still only face a misdemeanor for simple possession. If you possess larger amounts, the offense and charge change.
Possession with Intent to Distribute
If a large amount of controlled substances were found on your person or property, you could face more serious charges for PWID. Possession with intent to distribute is typically charged as a felony. A conviction may lead to several years in prison, even for a first-time offender.
The grade of the felony and the severity of the possible consequences can vary, depending on the type, schedule, and amount of a particular controlled substance.
What Penalties Can You Face for Distribution in Wayne, PA?
PWID can lead to serious charges, but so can actually delivering and distributing controlled substances. These offenses fall under the same statute, and you can face additional charges for actual distribution, not just having the intent to distribute.
Distribution of Narcotics
Charges and penalties depend on the specific substance that was delivered and the amount. For example, for delivering a Schedule I or II controlled substance that is a narcotic drug, an individual may face felony charges that carry up to 15 years in prison and $250,000 in fines.
Distribution of Other Controlled Substances
For the delivery of less addictive drugs, such as certain Schedule I, II, or III controlled substances, defendants may also be charged with felonies. Still, they may face lesser consequences, such as up to 5 years in prison instead of 15 and up to $15,000 in fines instead of $250,000.
Distribution of Schedule IV drugs is also a felony in Pennsylvania; however, the maximum penalty is only 3 years in prison and $10,000 in fines.
When Can You Face Federal Charges for Possession and Distribution?
In addition to state charges, you might face federal charges for drug possession and distribution. We can also help you navigate a federal case, which might carry more severe consequences and be more intimidating to criminal defendants than state charges.
Crossing State Lines
You can face federal charges for simple possession and possession with intent to distribute for crossing state lines with controlled substances on your person or in your vehicle. This is why, for large-scale drug trafficking operations across multiple states, those involved typically face federal charges rather than state charges.
Committing an Offense on Federal Property
Committing a drug possession offense on federal property, such as national parks or military bases, gives the federal government jurisdiction and enables it to charge you with a federal offense, even for simple possession.
Large Quantities
The federal government might pursue federal charges in cases involving a very substantial amount of controlled substances. For example, possessing 500 grams or more of powder cocaine violates federal drug trafficking laws and could lead to federal charges.
How Can You Defend Possession and Distribution Charges in Wayne, PA?
We may approach your defense in several ways, depending on what you can tell us about the charges, your arrest, and any explanations you have for certain behavior.
Illegal Search and Seizure
Those facing drug trafficking or possession charges might be able to get them dismissed if the evidence that led to the charges was obtained through an illegal search or seizure. In general, police officers cannot search your property without your permission unless they have a judicial warrant. If there was no warrant when a search of your home or car took place, tell our attorneys, and we may be able to block any evidence that came from the search from your criminal trial.
Chain of Custody Issues
When there are chain of custody issues regarding physical evidence like controlled substances, that can seriously jeopardize the prosecution’s case. Our drug crimes lawyers may be able to exploit these chain of custody issues enough to create reasonable doubt in your case.
Lack of Knowledge
Just because controlled substances are found in an area you have access to, such as your home or car, you might have lacked any knowledge that the drugs were there in the first place. If you had no knowledge of the presence of drugs in your home and no intent to distribute them, you may not be convicted.
Coercion or Duress
Some participants in drug trafficking operations are forced to participate under threat to themselves or their family. Confide in our lawyers if you were coerced into participating in drug trafficking or distribution, and we can search for evidence that supports this defense.
Get Our Help with Drug Possession and Distribution Charges in Wayne, PA
Contact Kenny, Burns & McGill for a free case review from our drug crimes lawyers by calling (215) 774-5644 today.
