Some of the most commonly charged criminal offenses are related to drugs and controlled substances. These kinds of charges may range from relatively minor, non-violent offenses to serious felonies. Whatever charges you are facing, contact a criminal defense lawyer for help immediately.
It is illegal simply to have drugs, and many people are charged with simple possession. Depending on the circumstances, some people are charged with possession with the intent to distribute (PWID), which is more severe and carries harsher penalties. Manufacturing drugs may also lead to charges, and the Schedule of drugs involved, and other factors will influence the nature of your charges. The best defense strategies will also vary based on your charges and specific circumstances.
Contact our drug crimes lawyers for a free legal review by calling Kenny, Burns & McGill at (215) 423-5500.
Why Would I Be Charged with Drug Crimes in Allentown, PA?
Drug-related criminal charges often apply when people are believed to be in possession of drugs. Based on the circumstances, prosecutors may include charges related to things like distributing or manufacturing drugs.
Possession Crimes
One of the most common charges related to drugs is simple possession. This generally involves just having drugs on your person or somewhere under your control, like in your home or vehicle. Under the law, simple possession is often an ungraded misdemeanor.
Other defendants may be charged with possession with the intent to distribute (PWID). These charges may apply if a person is believed to be in possession of drugs they intend to sell or distribute to others. The authorities may base the alleged intent to distribute on various factors, such as the quantity of drugs, packaging materials, scales, and drug paraphernalia. PWID may be charged as a more serious felony.
Distribution
Charges for distribution involve defendants who are believed to have actually distributed drugs to others illegally. While distribution often involves selling drugs, money does not have to be involved for charges to apply. Just giving the drug away for free may still be considered distribution.
One way to fight these charges is to undermine the prosecutor’s claims that actual distribution occurred. Simply having drugs is not enough to prove that distribution occurred. If there is no evidence that other people were provided with drugs by the defendant, we may fight the charges.
Manufacturing Drugs
Drug manufacturing can be serious, especially if complex, dangerous equipment is necessary to produce the substances. These situations often lead to serious charges because manufacturing is a complex, high-risk process that requires multiple people, careful planning, and dangerous tools.
The police may thoroughly search drug manufacturing facilities, but any evidence seized can be excluded from the case if they lacked a search warrant or a valid exception to the warrant requirement. In many cases, the alleged manufacturing location contains most of the evidence prosecutors will use. If there was no warrant or a faulty warrant, our drug crimes lawyers may exclude a significant amount of evidence.
FAQs About Fighting Charges for Drug Crimes in Allentown, PA
How Serious Are Charges for Drug Crimes?
Drug crime may range in how serious they are. Crimes like simple possession are often charged as misdemeanors, while distribution or manufacturing drugs may lead to serious felony charges. Even so, all charges should be handled with care by your lawyer.
How Do I Fight My Drug Crime Charges in Allentown, PA?
How you fight your charges will depend on the nature of the charges and the evidence prosecutors plan to use against you. One method is to challenge illegally seized evidence, a common issue in criminal trials. If evidence of the drugs is excluded because it was seized illegally, the entire case could fall apart.
Are Drug Crime Charges Felonies?
Sometimes, yes. While many drug crimes are non-violent crimes that may be charged as misdemeanors, others are far more serious felonies. When charges involve more than simple possession – such as manufacturing or distribution – they are more likely to be serious.
What if the Drugs in a Criminal Case Belonged to Someone Else?
If you are charged in relation to drugs that did not belong to you, explain the situation to your lawyer. If you did not know about the drugs at all, you might be able to argue that you should be charged because you could not have had any sort of criminal intent. If you knew about the drugs but still did nothing, it might be harder, but not impossible, to fight the charges.
Can the Police Enter My Home to Seize Drugs as Evidence?
Yes, but only under specific conditions. Generally, the police must have a valid search warrant to enter your home and seize evidence unless special conditions exist that allow them to conduct a warrantless search. If the police did not have a search warrant when they searched your property, we must make them prove that a valid exception to the warrant rule existed.
How Do Plea Agreements Work in Drug Crime Cases?
A plea agreement is a deal struck between a prosecutor and a defendant. Typically, the prosecutor will agree to reduce the charges, and the defendant will agree to plead guilty to the newly reduced charges, thereby facing more lenient penalties. Plea agreements are common, but they are not guaranteed, and your lawyer should help you negotiate for the best deal possible.
Should I Accept a Plea Deal as Part of a Trial for Drug Charges?
Maybe. The prosecutor may offer to reduce your charges in exchange for a guilty plea. For example, a common plea deal involves downgrading PWID to simple possession, which carries a much less harsh sentence. Plea deals can be helpful if the evidence against you seems too strong to overcome.
What is Drug Treatment Court in Allentown, PA?
Drug Courts are programs operated at the county level across Pennsylvania, including Lehigh County and Allentown. These programs are designed to help drug offenders receive treatment and focus more on rehabilitation than punishment. If you successfully complete the program, your charges may be dismissed. Your attorney can help you determine if you are eligible for Drug Court.
Should I Hire a Criminal Defense Lawyer if I am Charged with Drug Crimes?
Yes. The sooner you hire a lawyer, the better. Your attorney can assess the situation, evaluate your charges, obtain evidence through the discovery process, and develop legal strategies to fight your charges.
How Long Do Criminal Trials for Drug Charges Take in Allentown, PA?
The duration of a trial varies based on the charges, evidence, and whether the defendant accepts a plea deal. Some trials take only a few days. Others might take a few weeks if there are more charges and more complicated facts. There might be no trial if the defendant accepts a plea deal.
Contact Our Drug Crimes Lawyers in Allentown, PA for Help Fighting Your Charges
Contact our drug crimes lawyers for a free legal review by calling Kenny, Burns & McGill at (215) 423-5500.
