Being arrested for drug crimes can put a black mark on your criminal record. It could affect your rights in the future, enhance the penalties for repeat charges, hurt job prospects, and even send you to jail.
Our lawyers can help you fight serious drug crime charges, defend yourself from police overreach, and protect your rights in court. When you work with us, we can devote our energy and attention to your case, something public defenders do not always have the time and resources to do.
Call (215) 423-5500 for a free case evaluation with the drug crimes lawyers at Kenny, Burns & McGill today.
Drug Possession Crimes in Doylestown
Drug possession usually comes in two types: simple possession and possession with the intent to deliver (PWID).
Simple drug possession can be a somewhat mild crime, especially for common drugs like marijuana. However, more serious and dangerous drugs like heroin or fentanyl – especially in large quantities – can lead to long jail terms.
PWID charges essentially accuse the defendant of being a drug dealer, even if they have not actually delivered or transferred the drugs yet. You can also be charged with PWID if you intend to share drugs or give them to a friend, even if you are not selling them.
What Upgrades Possession Charges to PWID?
PWID charges are often issued when these and similar factors are present:
- You have more drugs than one person would use
- You have drugs separated or weighed out into sale amounts
- You have scales, baggies, jars, cash, and other items used to divide and distribute drugs
- You have pagers, extra cell phones, burner phones, guns, and other items “typical” of drug dealers
- You have text messages or communications indicating a plan to sell the drugs you have.
In many cases, these charges are far more serious.
Downgrading PWID to Simple Possession
In the same way that police and prosecutors can try to increase your charges from simple possession to PWID, we can also try to downgrade them, potentially saving you from years in jail.
This can be done as part of a plea agreement, where the prosecution might accept a guilty plea to simple possession in exchange for dropping more serious PWID charges. It can also happen if our drug crime lawyers challenge the government’s evidence that you intended to sell the drugs, allowing a jury to acquit you of the more serious charges at trial.
Drug Distribution and Trafficking Charges in Doylestown
While PWID is a possession crime where the defendant intends to deliver the drugs, drug distribution charges come from actual delivery. You can be charged with drug distribution charges whether you actually sell the drugs for money or simply deliver them to another person.
Often, drug distribution charges come as part of broader charges against drug rings, potentially accusing defendants of being street dealers, transporters, or other participants in the scheme. This can often come with conspiracy charges and potentially even RICO charges for a criminal enterprise.
How Prosecutors Prove Distribution Charges
In order to arrest you and charge you with drug distribution, police often need to catch you actually selling or delivering drugs. It can be very difficult to fight these charges, but there are a few paths available. For one, these charges are often based on “controlled buys.”
In this investigation technique, undercover officers or confidential informants actually buy drugs from you. They then testify that you knowingly sold them drugs, potentially satisfying the elements of the offense.
When undercover officers testify against you, they often have to blow their cover, which they might not be willing to do. Pressing the prosecution to go to trial may be enough to get them to cave to a plea agreement to protect officer identities.
Police and prosecutors often work even harder to protect their confidential informants, delaying cases and offering plea agreements so that they do not have to have their informants testify and reveal their identities. Hearsay rules and the Confrontation Clause of the 6th Amendment make it very difficult for police to proceed without their confidential informant witnesses coming to court and testifying in person.
Charges for Drug Manufacturing
Another common drug crime is for manufacturing. This can be something as complex as running a meth lab, or it could involve processing ingredients into other forms, such as manufacturing marijuana resin from plants. In either case, the charges you face and the ultimate penalties will often depend on the specific drug, the amounts you were accused of producing, and your role in any criminal enterprises.
Charges for Growing Marijuana
Growing marijuana is similar to drug manufacturing and often leads to charges. Large grow houses may see accusations of trafficking and other participation in criminal enterprises and conspiracies, while individuals growing a few plants for their own use or a friend’s use might see lighter penalties.
In any case, giving someone else marijuana from your plant can also constitute distribution, and having more plants than you would use on your own could be enough to convince police to charge you with possession with the intent to deliver.
Fighting Drug Charges in Doylestown
Drug charges are often issued after searches, which might not be legal. If drugs were seized from your property without a warrant, without probable cause, or due to other illegal police actions, we can fight to have the evidence suppressed. Without this evidence available to the police, the entire case against you might crumble.
Our attorneys can also challenge the government’s case against you and require them to prove each element in court beyond a reasonable doubt. If the government lacks the evidence to prove any one element at trial, you should be acquitted.
We can also seek out potential plea bargains that might be able to reduce the charges against you. Many prosecutors are also willing to dismiss charges for first-time offenders and for low-level offenses if you take steps such as seeking treatment for substance use. However, these options are not available for the more serious charges our attorneys often deal with.
Call Our Drug Crime Lawyers in Doylestown Today
Call Kenny, Burns & McGill at (215) 423-5500 to get started on your defense with our experienced drug crime defense attorneys.
