Drug crimes are some of the most heavily enforced crimes we have in Pennsylvania. Whether you are arrested for simple possession, dealing drugs, or manufacturing drugs, you could face jail time, fines, and a criminal record.
Our lawyers seek to end prosecutions by having the court deny improperly seized evidence, throw out bogus charges, and acquit defendants at trial. We can also seek out reduced sentences and plea negotiations when the case against you is too strong.
For help with your case, call our drug crimes lawyers today for a free case review at Kenny, Burns & McGill at (215) 423-5500.
What Should I Do After Being Arrested?
If the police have arrested you on suspicion of a drug crime, there are two important things you need to do:
- Invoke your right to remain silent and your right to an attorney.
- Do not answer questions.
Once you invoke your right to remain silent, the police cannot ask you further questions about the alleged crime. Once you invoke your right to an attorney, they cannot ask you any more questions at all until your drug crimes lawyers are present.
However, if you begin talking to them voluntarily or you break your silence and start answering questions, you are considered to have waived your right.
When you invoke your right, you have to do so out loud. Simply saying, “I’m invoking my right to remain silent and my right to an attorney,” should be sufficient. Repeat this if they continue questioning you.
From there, you can give us a call and wait until we arrive and can advise you further.
Do not
- Admit that the drugs were yours
- Admit to any motive
- Admit to any knowledge about the drugs
- Admit that you use drugs
- Admit that you know anyone who uses or sells drugs
- Talk to anyone in holding/jail about your charges, as they could be informants or undercover police
- Answer any questions except to identify yourself.
What Do the Police Need to Arrest Me Legally for Drug Crimes?
Drug crimes typically fall into three categories, each of which has specific things the police will need evidence of before they can arrest you. These are the same elements the prosecution will need to prove in court to convict you.
Possession Crimes
To prove you possessed drugs, police need to show that you had them on your person or in an area you had access to and that you knew they were there. It is hard to say you did not know they were there if they were in your pocket or backpack, but if they were in a shared car, shared apartment, or other similar location, you might legitimately have had no idea there were drugs there.
Many possession charges involve possession with the intent to deliver (PWID). For this, the police also need evidence that you were going to sell/transfer the drugs. This could be text messages setting up a buy, evidence that the drugs were in individual sale amounts, large amounts of cash, or other similar evidence.
Drug Dealing Crimes
If police arrest you for actual delivery of drugs, they need to see you hand the drugs from one person to another or put them into a drop of some kind. Police cannot just infer that you were dealing drugs because they gave you money.
Police often get this evidence through “controlled buys,” where an undercover officer or confidential informant actually buys drugs from you.
Manufacturing Crimes
Like possession crimes, police must catch you with the drugs and materials to make them. They do not need to catch you in the act and can rely on circumstantial evidence that you have precursors and finished products.
Charges for growing marijuana simply need the plants in your possession.
How Can I Beat Serious Drug Crime Charges in Bucks County?
If you were charged with a serious crime, we can attack it in a few ways.
For one, denying the police evidence by arguing they seized it illegally will make it harder for them to prove the charges. If they searched you illegally, arrested you without a warrant/probable cause, or otherwise broke the law while investigating you, this could hurt their case.
Challenging possession by showing you did not have knowledge or access to the location the drugs/materials were found could also hurt their claim.
We can also fight to have all witnesses and police testify in court. Especially in cases where police try to protect undercover officers or confidential informants, they might not be able to produce the witnesses without exposing their identities. If they cannot produce vital evidence and witnesses, they cannot win the trial.
This and other factors could also be used to push them into a plea agreement that reduces your charges and penalties.
Will I Go to Jail for Drug Crimes in Bucks County?
Many drug crimes beyond small amount of marijuana possession will involve some jail time. This means that if you are accused of PWID, actually dealing drugs, transporting them, or manufacturing/growing drugs or plants, you could spend significant time behind bars.
We can seek to have charges reduced, potentially reducing the sentence. For example, if the case for PWID is weak, we might get charges dropped to simple possession.
In any case, we can also use a spotless criminal record or minor priors to argue for reduced sentences, potentially getting you probation instead of jail time.
What Can a Drug Crime Defense Lawyer Do for Me?
Our first goal after your arrest is usually to get you out on bail. This makes it easier to discuss your case and prepare for trial. It also helps you show you have a job, have ties to the community, are working on any potential drug problems you have, and that you overall do not deserve jail time.
We can also file motions to suppress illegally obtained evidence, challenge other evidence and witnesses, obtain experts to testify on your behalf, and otherwise prepare your case as it moves through the courts. We can also challenge your charges at a preliminary hearing, potentially getting them dropped if there is no probable cause.
Lastly, we can negotiate a plea deal and, if a fair deal is not offered, fight the case at trial. If you do go on to sentencing, we can also seek to have the sentence reduced or suspended in favor of fines, community service, and probation.
Call Our Drug Crimes Defense Lawyers in Bucks County
For a free case review, call (215) 423-5500 to speak with the drug crimes lawyers at Kenny, Burns & McGill.
