Methamphetamine, often just called meth, is a highly addictive and dangerous controlled substance classified as a Schedule II drug. Since methamphetamine is such a dangerous drug, penalties for producing it, selling it, or simply possessing it are severe. If you are charged with a drug-related offense, including those for methamphetamine, contact a lawyer for help immediately.
In Pennsylvania, a defendant charged with manufacturing, distributing, or possessing with the intent to distribute methamphetamine may face serious felonies. Under the law, a convicted defendant may face up to 10 years in prison and a fine of up to $100,000. These penalties are incredibly severe and may become more severe if a defendant is charged with multiple counts of drug-related charges.
For a free, confidential legal evaluation, call Kenny, Burns & McGill at (215) 423-5500 and ask our Philadlephia drug crimes lawyers for help.
Penalties for Possession with the Intent to Distribute
Simply having illegal drugs in your possession is a crime, but if the authorities have evidence to suggest that you intended to sell or distribute the drugs, charges and penalties may be quite severe.
Under Pennsylvania law, charges for possession with the intent to distribute (PWID) involving methamphetamines may be charged as a felony. If convicted, the defendant may face up to 10 years in prison, a fine of up to $100,000, or both.
Penalties for Methamphetamine Manufacturing
Manufacturing methamphetamine is also harshly punished in Pennsylvania. Meth must be manufactured using a complex and often dangerous laboratory system. The process can be highly volatile and dangerous, with explosions known to occur.
Meth Labs
If someone is found guilty of operating a meth lab, they may be charged with a serious felony.
Generally, charges for operating a meth lab may be graded as second-degree felonies. Such charges carry penalties of up to 10 years in prison.
When Located Near Schools
If the meth lab was located within 1,000 feet of a school, college, university, nursery school, or daycare, or within 250 feet of a recreation center or playground, the charges may be increased to first-degree felonies. A first-degree felony carries a potential prison term of up to 20 years.
Collateral Consequences
In addition to criminal penalties imposed as part of sentencing after a trial, convicted defendants may face a whole host of collateral consequences. These consequences are not imposed as a matter of law, but may still negatively affect the defendant’s life.
Loss of Professional License
If you hold a professional license, you might lose your license if you are convicted of certain crimes. Many professional licenses may be revoked if a person is convicted of a felony.
Child Custody
A serious conviction for something like methamphetamines may also affect other legal proceedings, such as child custody hearings. A parent with a conviction for a serious drug crime may be less likely to be awarded custody of their kids.
Finding Employment as a Felon
On top of all that, it will likely be very difficult for someone with a felony conviction related to methamphetamines to find employment. Many employers do not wish to hire people convicted of serious felonies. Certain jobs may be categorically off-limits for this with criminal records.
How Can You Fight Criminal Charges Related to Methamphetamine?
While charges and penalties for crimes involving methamphetamines can be severe, you have the right to defend yourself. With help from an experienced attorney, you may be able to successfully challenge your charges.
Illegal Seizure of Evidence
A key part of many criminal cases is the seizure of evidence. The police may enter a defendant’s private property, search for evidence, and seize incriminating property. However, the police must have a valid search warrant or be able to claim an exception to the warrant requirement.
If the police seized evidence from your home without a warrant, and they cannot prove that a valid exception to the warrant requirement existed, our Bucks County, PA criminal defense lawyers may be able to have the illegally seized evidence excluded from the case.
If methamphetamine was seized illegally, it should not be used against you in court. In that situation, the entire case against you might fall apart.
Challenging PWID Allegations
PWID is often based on a totality of the circumstances, and these circumstances may vary from case to case. Just a few examples include the quantity of methamphetamine, packaging, the presence of weights and scales, and other tools, devices, or materials common in the drug trade that may indicate an intent to distribute.
If the factors around your case are not exactly as prosecutors claim, we may be able to challenge PWID charges. It may be possible to downgrade the charges to simple possession, which may be charged less severely.
Plea Agreements
If the evidence against you is overwhelming, and prosecutors are likely going to meet their burden of proof in the courtroom, it may be wise to accept a plea agreement if one is offered.
A plea agreement usually involves prosecutors agreeing to reduce charges, thereby reducing penalties, in exchange for a guilty plea from the defendant. The defendant must waive their right to a trial, making it difficult to file an appeal later.
FAQs About Penalties for Methamphetamine in Pennsylvania
What Are Penalties for the Illegal Possession of Methamphetamine in Pennsylvania?
Penalties for the illegal possession of methamphetamine vary based on the circumstances. Possession with the intent to distribute is a felony offense that carries a potential prison term of up to 10 years, a fine of up to $100,000, or both.
What Are Penalties for Manufacturing Methamphetamine?
Manufacturing methamphetamine is a very serious offense, as meth labs are highly volatile and can explode, causing extensive damage and injuries. Under Pennsylvania law, operating a meth lab may lead to second-degree felony charges with a prison term of up to 10 years. If the meth lab is located near a school, playground, or similar place, you may face first-degree felonies with a potential prison term of up to 20 years.
How Can You Challenge Criminal Charges Related to Methamphetamine?
You may be able to fight charges related to meth using a variety of tactics. For example, if the police seized evidence from your home without a warrant, we may be able to exclude the evidence from your case. Another option is to work out a plea bargain with prosecutors to avoid the harshest penalties.
What Should You Do if You Are Arrested for Having Methamphetamine?
If you are arrested for allegedly having methamphetamine, remain calm and cooperate with law enforcement during the arrest. Once you are taken in for questioning, invoke your rights to remain silent and to have a lawyer present. Contact a lawyer for help immediately and avoid answering questions from law enforcement without your lawyer present.
Should You Accept a Plea Bargain if You Are Charged with Crimes Related to Methamphetamine?
Plea bargains may be a good idea for defendants who are likely to lose their cases in court. If the jury finds you guilty, you may face very harsh penalties. If you accept a plea bargain instead, you may plead guilty to lesser charges and face somewhat more lenient penalties.
Ask Our Pennsylvania Drug Crimes Lawyers for Help with Your Case Today
For a free, confidential legal evaluation, call Kenny, Burns & McGill at (215) 423-5500 and ask our Montgomery County, PA criminal defense lawyers for help.
