Facing felony charges for possession with intent to deliver (PWID), drug manufacturing, and other drug offenses could mean spending years in prison if convicted. By negotiating a plea deal and reduction in charges, our lawyers may secure probation and fines as your primary consequences, rather than prison.
Defendants rarely get probation for felony drug charges involving deadly weapons or violence of any kind. While the prosecution may seemingly promise probation in lieu of prison if you accept a plea, the judge can still enforce the maximum sentence for whatever charges you plead guilty to. When probation isn’t an option because of the nature of the charges, we may suppress evidence to weaken the prosecution’s case and start working on your defense.
For help with your case from our Philadelphia drug crime defense lawyers, call Kenny, Burns & McGill at (215) 423-5500 today.
How Can You Get Probation for Felony Drug Charges in Pennsylvania?
Felony drug charges typically require some period of imprisonment, so you most likely cannot get probation if you plead guilty to or are convicted of felony drug charges in Pennsylvania. You may get probation if you ultimately plead guilty to charges that allow probation, not felonies, which our lawyers may arrange through plea negotiations.
We may convince the prosecution to amend and reduce the charges against you so that the charges you do plead guilty to allow for probation.
If you plead guilty to the original felony charge, the penalty the judge hands down usually must include imprisonment, so make sure the charges get reduced before changing your plea.
Can Felony Drug Charges Qualify for Drug Court?
Many Pennsylvania counties offer drug court programs for defendants to participate in rather than going to prison. Only non-violent offenses qualify, so felony drug charges involving assault or the use of a deadly weapon would not. Defendants must be struggling with addiction to qualify for drug court programs.
What if You Can’t Get Probation for Felony Drug Charges in Pennsylvania?
Suppose you cannot get probation for felony drug charges because you do not have a drug dependency and don’t qualify for drug court, or the prosecution refuses to entertain plea negotiations. In either instance, our lawyers can defend the charges against you and weaken the prosecution’s case.
Defend Against the Charges
To prove a felony charge for possession with intent to distribute in Pennsylvania, the prosecution must prove intent. Often, these charges get filed because of the sheer amount of an illicit substance allegedly found in the defendant’s possession. If the prosecutor cannot prove you planned to use drugs for anything other than personal use, we may get the charges against you reduced, leading to probation instead of prison time, your original goal. If the prosecution refuses to reduce the charges, we may raise sufficient reasonable doubt to secure a favorable verdict.
In addition to arguing lack of intent, our lawyers may argue that the drugs belonged to someone else, like a roommate, and you had no knowledge of their existence.
Suppress Evidence
If drugs were obtained through an illegal search or seizure, our lawyers may get the evidence suppressed. Fourth Amendment violations significantly compromise PWID cases against defendants in Pennsylvania, sometimes forcing prosecutors to drop the charges altogether.
FAQs About Getting Probation for Felony Drug Charges in Pennsylvania
Do You Need an Attorney to Get Probation for Felony Drug Charges?
Negotiating a plea deal is complex, as is participating in drug court programs to avoid prison time for felony drug offenses. Our Pennsylvania drug crime lawyers can advise you to accept fair pleas only.
Can You Participate in Drug Court as a Repeat Offender?
Individuals with previous drug offense convictions may still qualify for drug court program participation in Pennsylvania if their drug dependency has driven their criminal behavior.
What Felony Drug Charges Can You Not Get Probation For?
Any felony drug charges involving violence or deadly weapons may not be eligible for probation instead of prison time in Pennsylvania. Our lawyers may be able to get the prosecution to reduce the charges if we can provide useful information about an organization; however, this is not guaranteed.
Can You Get Probation for Federal Drug Charges?
Getting probation in federal drug crime cases is very rare. If you are charged at the federal level, our lawyers may help mitigate the consequences by proving you were forced to participate in a drug trafficking operation under duress or by providing federal prosecutors with useful information about the organization.
Can the Prosecution Guarantee Probation if You Accept a Plea for Felony Drug Charges?
Even if the prosecution offers probation in exchange for you pleading guilty to felony drug charges in Pennsylvania, they cannot guarantee it. The judge doesn’t have to listen to the prosecution’s sentencing recommendations and can sentence you to the maximum for your specific charges, which may be several years.
What if You Violate Probation for Drug Charges?
If you are granted probation for a first-time non-violent drug offense, whether because we negotiate a plea deal or you participate in drug court, and violate it, you might be arrested and serve the rest of your probationary period in jail.
What if You Don’t Complete the Drug Court Program?
If you don’t complete the drug court program or violate its probation, your guilty plea becomes effective, and you face sentencing for whatever charges you pled guilty to. The judge may impose the maximum sentence, and there may be no room to argue for a lesser sentence because of the violation.
Call Our Attorneys for Help Facing Drug Charges in Pennsylvania
Call the Philadelphia criminal defense lawyers of Kenny, Burns & McGill at (215) 423-5500 for a free case review.
