Defendants may struggle to understand the drug charges against them, the maximum prison sentence upon conviction, how to defend themselves against the charges, and whether accepting a plea deal benefits them. Our attorneys are there to guide defendants through all important decisions during criminal trials and build solid defenses against drug charges.
The first conviction for simple possession risks one year in jail, while a subsequent conviction risks up to three years. Possession with intent to deliver is a more serious charge, and prison sentences vary depending on the controlled substance in question and its amount. Federal drug charges may be the most serious of all, and our lawyers also help defend against them in West Chester.
Get a free and confidential case review from Kenny, Burns & McGill by calling our drug crimes lawyers at (215) 423-5500 today.
What Are Possession Drug Charges in West Chester?
Possessing a controlled substance without authorization is illegal under 35 Pa.C.S. § 780-113(a)(16). For a first offense, you may face up to one year in jail, as well as fines of up to $5,000.
For a subsequent simple possession drug conviction in West Chester, you face up to three years in prison and fines of up to $25,000. This is a pretty significant increase in consequences, and a judge may be less lenient towards defendants with multiple convictions.
Allegedly having less than 30 grams of marijuana in your possession for personal use has less harsh consequences and is only punishable by up to 30 days in jail or up to $500 in fines. Jail time is unlikely for possession of small amounts of marijuana in West Chester, especially with our lawyers’ help.
What is Possession with Intent to Deliver in Pennsylvania?
If you are charged with “possession with intent to deliver” in Pennsylvania, you face even worse consequences upon conviction. Let us review the charges against you, explain them, and plan to beat them.
Possession with intent to deliver is explained by § 780-113(a)(30). Violating this Pennsylvania law is considered drug trafficking, and the consequences depend on the type of drug and its amount allegedly found in the defendant’s possession.
Pennsylvania also prohibits the manufacturing of controlled substances with intent to deliver and charges these offenses similarly.
How Can a West Chester Lawyer Defend Drug Charges?
There are many approaches to defending drug charges in Pennsylvania. Be candid with our drug crimes lawyers; it is the best thing you can do to help your case and strengthen your defense.
Illegal Search and Seizure
The Fourth Amendment protects you against illegal search and seizure. Suppose police officers had no reason to believe you were committing a crime, they were not making a lawful arrest, and you did not consent to the search. In that case, any drugs found on your person or property may be inadmissible evidence against you.
Car searches are more complicated, so ask us if the police violated your rights by searching your vehicle without your consent in West Chester.
When our attorneys successfully suppress evidence, prosecutors may not have enough to proceed with a case, and charges may get dropped.
Proving Lack of Intent
Part of proving guilt in drug trafficking cases involving possession with intent to deliver charges is proving intent. Prosecutors might argue that the sheer quantity of controlled substances suggests an intent to deliver or distribute, but that is not enough to prove fault beyond a reasonable doubt.
Lack of Knowledge
Sharing a vehicle or home with another person leaves you vulnerable if they are involved in criminal activity. Tell our lawyers if controlled substances do not belong to you but to a roommate, for example. It is common for roommates to be unaware of each other’s activity, and even intimate partners might shield such parts of their lives from one another.
What if You Are Charged with Federal Drug Trafficking Crimes?
Being charged with federal drug trafficking is especially serious. This happens when drug trafficking operations allegedly cross state lines. To protect your interests in a federal drug trafficking case, call our lawyers.
Some individuals are forced to engage in drug trafficking and take controlled substances across state lines under duress. Tell us if you or your family were threatened and if physical violence was ever used against you to force you to comply.
Federal drug trafficking convictions mean much lengthier prison sentences, so call our lawyers right away for your best chance at beating them.
Can I Get a Plea Deal for Drug Possession Charges in West Chester?
Plea deals are somewhat common for drug possession charges, especially for defendants facing several charges or who already have multiple convictions. The prosecutor may present pleas as favorable to you, but you should not believe them until our attorneys review the deal.
The plea should be for lesser charges and lesser consequences. If this is your first arrest, you may not get any jail time at all. The plea may require you to pay a fine and participate in drug diversion programs but not spend time in a cell.
Do not sign a plea deal or assume the prosecution has your best interest at heart before letting our lawyers review it. You must know exactly what you are pleading guilty to and that you understand the exact consequences you are accepting.
Plea deals help mitigate consequences and are useful tools for drug crime defendants in the most compromising situations. Some prosecutors present plea deals under the guise that it is the defendant’s only option. When you let us prepare your case and build a strong defense, you may realize that accepting a plea is not the best decision in your specific case.
Call Our Lawyers if You Face Drug Charges in West Chester
Kenny, Burns & McGill’s drug crimes lawyers can review your case for free when you call (215) 423-5500.
