Some of the most common criminal charges involve drug offenses, like possession or distribution. Charges may range from misdemeanors to severe felonies, and harsh penalties may be at stake. If you are arrested for possession or distribution, get a lawyer immediately.
Drug possession charges are most frequently charged as simple possession. This is often a misdemeanor offense, but it may still result in harsh penalties, including jail time. More serious cases may involve actual distribution or possession with the intent to distribute (PWID). These are usually serious felonies, and you need an experienced attorney on your side to help you defend yourself.
Contact our drug crimes lawyers in [geo] by calling Kenny, Burns & McGill at (215) 774-5644 to request a free, private legal review.
How Can You Be Charged with Drug Possession in Lower Merion?
Drug possession charges are common, and many defense attorneys are familiar with how they are charged and how to fight them effectively.
Simple Possession Charges
In Pennsylvania, simple possession charges are typically charged as ungraded misdemeanors. If convicted, defendants usually face up to a year in jail and a fine of up to $5,000 for a first offense. For a subsequent conviction, a defendant may face up to 3 years in jail and a fine of up to $25,000.
It does not take much to be charged with simple possession. Just having the drugs on your person, on your property, or otherwise somewhere under your control may lead to criminal charges.
Intent, Knowledge, and Control
While you may be arrested if drugs are discovered in your possession, prosecutors must prove beyond a reasonable doubt that you were aware of the drugs and knew you had control over them.
In many cases, defendants do not own the drugs found in their possession. Someone they live with or who has access to their home may store the drugs in their property without their knowledge, and they may be charged even if they did not know the drugs were there.
Fighting Drug Possession Charges
If we can present evidence that you were completely unaware of the drugs, we may challenge the charges. Even if you knew about the drugs, did you have actual or constructive control? If the drugs were somewhere that you could not possibly exercise control over them, it may be very difficult for prosecutors to prove possession.
What Are Charges for Drug Distribution?
Drug distribution often involves selling drugs, but a person may be charged simply for giving them away. Even if you do not distribute the drugs but intend to, you can be charged with possession with the intent to distribute (PWID).
Possession with the Intent to Distribute
PWID charges are serious felonies. Exactly how you may be charged often depends on the substances allegedly involved, as different charges may apply based on a drug’s Schedule. For example, PWID charges involving Schedule I or II narcotics – which are extremely serious and have a high propensity for addiction – may result in felony charges, up to 15 years in prison, and a fine of up to $250,000.
Evidence of PWID
There is rarely a single definitive piece of evidence indicating PWID. Instead, prosecutors rely on “the totality of the circumstances.”
For example, having a large quantity of drugs in your possession does not definitively prove PWID on its own. However, a large quantity of drugs accompanied by packaging materials, weights and scales, and other paraphernalia common in the drug trade may be sufficient to charge PWID.
Challenging PWID Charges
We can challenge PWID charges by challenging the evidence. If they do not have enough evidence, or if we can prove some of the evidence has a valid explanation, the charges may fall apart.
A lot of evidence used to support PWID charges includes common household items. Things like kitchen scales, plastic baggies, and sealing items like rubber bands or twist ties are common, and most people have them in their homes. We may argue that you did not intend to distribute anything, and that prosecutors have insufficient evidence to show otherwise.
What Should You Do if Charged with Drug Possession or Distribution?
If you are ever arrested and charged with drug possession or distribution, avoid answering questions from the police, demand to call a lawyer, and do not give the police permission to do anything.
Remain Silent
First, invoke your right to remain silent immediately. Even as the police put you in handcuffs, anything you say can and will be used against you. Just stay quiet and cooperate with law enforcement. Aside from basic information the police need to identify you, do not give them any information unless you have a lawyer by your side.
Call an Attorney
Demand to call a lawyer as soon as possible. You might have to wait until the booking process is complete, but the police must allow you a chance to call a lawyer. Also, you have a right to have a lawyer present during custodial interrogation. Invoke this right immediately if the police try to question you about the alleged crime.
Do Not Consent to Any Searches
The police may want to find more drugs, but they might not have a warrant or a valid exception to the warrant rule. The police may conduct a warrantless search with your consent. Do not allow them to search for anything unless they have a warrant or the legal authority to search without your consent. Do not be afraid to tell the police no.
Do the Police Need a Search Warrant to Seize Evidence of Drugs in Lower Merion?
Generally, yes. While special circumstances may allow the police to conduct a warrantless search, such circumstances are uncommon, and the police are likely to need a warrant. If the police attempt to search your property, demand a warrant. If they have a warrant, you are legally obligated to comply with the search.
Can You Get a Plea Bargain for Drug Possession or Distribution Charges?
Possibly. Plea bargains are offered at the prosecutor’s discretion, so they are not always available. However, we may position you for a plea deal if the evidence is not as strong as prosecutors would like or if they have too many cases to handle. It may be possible to plead PWID charges down to simple possession in some cases.
Can I Be Charged with Drug Possession if the Drugs Belonged to Someone Else?
Yes, you may be charged if you knew about the drugs or agreed to hold onto them for someone else. The drugs do not have to belong to you for you to be charged. However, if you were unaware of the drugs on your property, you may be able to challenge the charges based on a lack of intent or knowledge.
Ask Our Drug Crimes Lawyer in Lower Merion About Your Possession and Distribution Charges
Contact our drug crimes lawyers in [geo] by calling Kenny, Burns & McGill at (215) 774-5644 and ask for a free, private legal review.
