3 Common Defenses for Drug Crimes

Whether you are facing felony or misdemeanor charges, being accused of a drug crime can be life-altering. If you’ve been charged with a crime, it’s critical to find an experienced criminal defense attorney as soon as possible to ensure your rights are protected. A lawyer can help you understand common defenses for drug crimes that may apply to your case.

1. Unlawful Search and Seizure

Under the Fourth Amendment of the United States Constitution, Americans are protected against unlawful search and seizure. This means that law enforcement must have a warrant or probable cause before conducting a search. If law enforcement conducted an illegal search, your drug crime lawyer may be able to have evidence seized during the search deemed inadmissible in court. Because this evidence is often the cornerstone of the prosecution’s case, charges may even be dismissed.

2. The Drugs Were Not Yours

To prove you’re guilty of a drug crime, the prosecution must show that you had actual possession or constructive possession of the drugs. If you were arrested and drugs were found in your pocket, it is tough to use the defense that they are not yours or that you didn’t know they were there.

However, even if you were not carrying, holding or touching drugs, you may be charged with constructive possession in situations such as:

• Traffic stops and car searches with multiple people in the vehicle

• Searches of homes or buildings with multiple occupants

To prove constructive possession, prosecutors must show that you knew the drugs were there and had the intent and power to control them. For example, if you are driving a friend’s car and you’re pulled over on suspicion of DUI and marijuana is also found in the car, your DUI lawyer may argue that a constructive possession charge should be dropped because you weren’t aware that the marijuana was in the car. Regardless of the circumstances, if you’re accused of any type of drug possession, do not speak to law enforcement without an attorney present.

3. Unlawful Entrapment

When authorities pressure or induce someone to commit a crime they had no intention of committing, entrapment can be used as an effective defense tactic. To prove entrapment, the defendant must show that they did not have the predisposition to commit the crime or that any reasonable person would not have committed a crime but for the actions of law enforcement.

Other Defense Tactics in Drug Crime Cases

While these are a few common defense tactics for drug crimes, your defense attorney may explore other factors when building a defense, including, chain of evidence custody issues, procedural errors, legal technicalities, and police misconduct.

If you are a loved one is facing drug crime charges, you need an experienced defense attorney. Our team includes some of the top DUI attorneys and drug crime lawyers in Pennsylvania. We fight to protect your rights and provide aggressive legal representation you can trust.

This blog was originally posted on https://pa4law.com/3-common-defenses-for-drug-crimes/

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Marijuana Laws in Pennsylvania: What You Need to Know

As more and more states legalize marijuana, and federal pardons are given for simple possession of cannabis, it can be confusing to know what is and is not legal in your state. Although possession of a small amount of marijuana is no longer a crime in certain counties in Pennsylvania, it is still illegal unless you have a valid medical marijuana card. If you’re facing charges, a drug crime lawyer can help you understand the law and safeguard your rights.

Is Simple Possession of Marijuana Decriminalized in PA?

The simple answer? No. However, possession of up to 30 grams of marijuana or 8 grams of hashish has been decriminalized in Philadelphia and Allegheny counties. This means it is now a civil violation that results in a fine of $25 if you are caught possessing it or $100 if the police find you smoking it. You can still be arrested and charged for possessing it or consuming small amounts in other jurisdictions in Pennsylvania.

Penalties for Simple Possession of Marijuana In PA

Under Pennsylvania law, possessing 30 grams or less of marijuana is a misdemeanor that comes with a $500 fine and up to 30 days in jail. If you possess more than 30 grams, you will still be charged with a misdemeanor but may pay a fine of $5,000 and up to one year of incarceration. In addition, if you’re charged with possession a second time or multiple times, you can face fines of up to $25,000 and three years in jail. If police observe that the marijuana is packaged with intent to sell, you may face felony charges.

Selling or Growing Marijuana in PA is a Felony

Selling any amount of marijuana in Pennsylvania is a felony, regardless of whether it’s one joint or a pound. Of course, penalties and sentencing guidelines vary depending on how much you have in your possession. Even if it’s only for personal use or you have a valid medical marijuana card, growing marijuana is also a felony in PA.

Being convicted of selling or growing marijuana can result in a $15,000 fine and 2 ½ to 5 years of incarceration. Penalties increase for multiple offenses.

Can I Be Charged With A Drug DUI if I Smoke Marijuana?

Yes. Regardless of whether you’re eligible for medical cannabis, if you’re caught driving with any amount of marijuana in your system you may face DUI charges. Unfortunately, marijuana can be detected in your system even if you haven’t consumed it for weeks. If you’ve been accused of driving while under the influence of drugs or alcohol, it’s critical to consult an experienced DUI defense attorney as soon as possible.

These are just a few examples of what you may face if you’re caught with marijuana in Pennsylvania. Facing any type of charge for drug possession is daunting. Our drug defense lawyers are well-versed in defense strategies that may be able to get charges reduced or dismissed. We help you understand your options and fight tirelessly to protect your rights.

This blog was originally posted on https://pa4law.com/marijuana-laws-in-pennsylvania-what-you-need-to-know/

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What to Expect if Your DUI Case Goes to Trial: A DUI Attorney Explains

Navigating the courts in Pennsylvania can be daunting. One of the most stressful aspects of fighting a DUI is having your case go to trial, especially if you have never been charged with a crime before. Having an experienced DUI defense attorney by your side can help you understand the process and ensure your rights are protected.

The Preliminary Hearing

After a DUI arrest in Pennsylvania,  you will first attend a preliminary hearing. The arresting officer presents your case to a local District Court judge who decides whether there is enough evidence to move forward with your case. Quite often, a knowledgeable criminal defense attorney can have your case dismissed at this early stage.

Arraignment

If the case moves forward, the arraignment is a proceeding where the charges against you are read, and you will be asked to enter a plea of guilty or not guilty. If you are still in custody, your arraignment must occur within 72 hours. If you were released or posted bail, your preliminary hearing is held at a later date, usually within 30 to 60 days from the date of your arrest.

Regardless of whether you are arraigned right away or at a later date, it is critical to consult with criminal defense lawyers as soon as possible. Having an attorney act as your advocate at your preliminary hearing and arraignment may result in having charges reduced or dismissed, which rarely happens if you are unrepresented.

What to Expect at Trial

Jury Selection and Opening Statements

Unless you waive the right to a jury trial,  both your defense attorney and the prosecution will question and select jurors. Opening statements are then given by both the prosecution and defense. A convincing opening statement can set the tone for the trial and help win-over the jury from the beginning—that is why it is essential to hire a seasoned DUI attorney who is well-versed in taking cases to trial.

Evidence and Witness Testimony

After opening statements, the prosecution presents the evidence against you. Both the prosecution and your defense attorney will have opportunities to call witnesses to the stand to support their claims. For example, the prosecution typically calls the police officer who arrested you for DUI. Both the prosecution and your DUI attorney may ask each witness questions (examination and cross-examination). An experienced defense attorney will know exactly what questions to ask.

You will likely be called to testify by the prosecution. Although you are not required to testify, your testimony could be one of the most influential elements of your DUI trial. Make sure to answer all questions honestly and keep your cool to make a good impression on the jury. Your DUI lawyer will help you prepare before trial so you have an idea of what to expect and how you should answer any questions you are asked.

After the evidence has been presented and witnesses have offered testimony, each side will make closing statements to the court. A good DUI lawyer knows how to put it all together to create a strong closing argument on your behalf.

Jury Decision and Sentencing

The jury then reviews all evidence and testimony and deliberates until they come up with a decision – guilty or not guilty.  If the verdict is not guilty, you will be free to go. If you are found guilty, a judge will determine your sentence and explain the criminal penalties to you. You may ask the Court for a pre-sentence report after a conviction or plea, which postpones sentencing for up to 90 days. If you waive your right to the pre-sentence report, the judge may impose the sentence immediately.

Plea Bargains and ARD

In reality, few Pennsylvania DUI cases go to trial. Sometimes a plea bargain may be in your best interest. This means that the district attorney will reduce the charges and/or penalties in exchange for a guilty plea.  If it is your first DUI and you were not accused of causing serious injury or death, you may be eligible for Accelerated Rehabilitative Disposition (ARD). If you successfully complete this program, charges will be dismissed and your record may be expunged.  Your DUI attorney or drug crime lawyer can advise you whether a plea agreement or ARD is your best course of action,  or whether you should take your case to trial.

Do you need assistance with a DUI case or another legal matter? Our Pennsylvania criminal defense attorneys, car crash injury lawyers, and DUI attorneys can help.

This blog was originally posted on https://pa4law.com/what-to-expect-if-your-dui-case-goes-to-trial-a-dui-attorney-explains/

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Penalties for Drug Possession in Pennsylvania

 

Possession of certain controlled substances is a crime in Pennsylvania. However, there are factors that can influence the penalties you may face for a drug possession conviction. Understanding the law and your rights is critical if you’ve been charged with a crime. If you’re facing possession charges, it’s vital to contact an experienced drug crime lawyer right away.

Factors Considered in Drug Possession Cases

There are different types of drug possession charges in PA: simple possession or possession with intent to deliver. What you are charged with will depend on several different factors including:

• The type of substance involved
• The amount in your possession
• Whether you intended to distribute
• Past criminal convictions

Simple Possession

Under Pennsylvania law, simple possession is usually charged when prosecutors assume the drug in someone’s possession was intended for personal use. Although simple possession is a misdemeanor in Pennsylvania, you can still face harsh penalties.

Felony Drug Possession

Possession of meth, cocaine, PCP, isomers, and more than 1,000 pounds of marijuana can result in felony charges, depending on the amount in your possession. A conviction for possession with intent to deliver carries up to $250,000 in fines and up to 25 years in prison. In some cases, the fines may be more if the profits from illegal drug activity exceeded $250,000.

Types of Drugs

Marijuana: Simple possession of up to 30 grams can lead to 30 days in jail and/or a $500 fine. Possession of more than 30 grams comes with a maximum penalty of one year in prison and a $5000 fine.

THC or Hashish: Maximum imprisonment of 30 days and/or a maximum fine of $500. Possession of more than eight grams may result in one-year incarceration and/or a maximum fine of $5000.

Oxycodone: While it’s legal to possess this drug if you have a valid prescription, simple possession of oxycodone without a prescription can result in up to a year in prison or a $5,000 fine. If you’re convicted of intent to sell, the penalty can include at least two years in prison and a fine of $5,000 or more.

Heroin: Heroin possession carries harsher penalties, as it is subject to mandatory minimum sentencing. You may face up to one year in prison and a fine of $5,000, even if you have less than one gram of heroin and it’s your first offense. For repeat offenses and intent to distribute, penalties increase.

Cocaine: For a first offense, you may be subject to one year in prison and a $5,000 fine. A second offense can result in up to three years in prison and up to a $25,000 fine. If you’re convicted of cocaine possession with the intent to sell, you can be charged with a felony that brings up to 15 years in prison and a $25,000 fine.

Methamphetamine: Simple possession of fewer than five grams of methamphetamine can result in up to one year in prison and/or $5,000 in fines. If convicted of possession with intent to sell, you can face at least three years in prison, depending on the amount.

MDMA (ecstasy or molly): Penalties for MDMA include one year in prison and/or a $5,000 fine for a first-time offense. If you’re in possession of more than 100 grams with the intent to sell, you could face at least five years in prison and a $25,000 fine.

PCP: Simple possession of fewer than two grams of PCP can result in up to a year in prison and a $5,000 fine. If you’re convicted of PCP possession with the intent to sell, you may face two years of incarceration and a fine of up to $5,000 for up to 10 grams. For more than 100 grams, you can face up to five years in prison and a fine of up to $25,000.

Whether you’re facing charges for simple possession, a drug DUI or felony drug possession, always seek the counsel of a criminal defense attorney before speaking to law enforcement or prosecutors.  

The experienced team of drug crime attorneys at our full-service law firm is dedicated to fighting for our clients and ensuring your rights are protected. 

 This blog was originally posted on https://pa4law.com/penalties-for-drug-possession-in-pennsylvania/

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5 Reasons You Need a DUI Lawyer

If you’ve been arrested for driving under the influence, you may feel overwhelmed and unsure of where to turn. DUI charges have serious consequences that can have an impact on myriad aspects of your life. Finding a good DUI defense attorney is critical to protecting your rights and working toward a fair outcome for your case.

1. A lawyer provides the counsel you need after an arrest.

After a DUI arrest, the police will want to question you. Before speaking to any police or prosecutors, call an attorney. Criminal defense lawyers give valuable advice on what to say and whether to answer certain questions, both of which can make a world of difference in the result of your DUI case.

2. A DUI conviction can jeopardize your freedom, reputation, and financial security.

Even first-time DUI convictions can carry stiff penalties such as hefty fines, jail time, and suspension of your driver’s license. In some cases, being convicted of a DUI can have an impact on the professional licenses you hold as well.

3. An attorney may help you get charges reduced or dismissed.

Your lawyer will assess the facts surrounding your case and determine whether procedural errors by the police, problems with evidence, or inaccurate breathalyzer, blood tests, or field sobriety tests may be avenues to get charges reduced or dismissed. If you’re facing additional charges involving illegal possession, it’s important to make sure that you hire an experienced drug crime lawyer to handle your case.

4. You may be eligible for an ARD program.

Some first-time offenders may be eligible to participate in an Accelerated Rehabilitative Disposition (ARD) program. After successfully completing the program, you may petition the court to have the charges dismissed and your case expunged. However, it’s important to keep in mind that ARD is not always the answer – if the prosecutor’s case is flimsy, you may be better-off taking your chances at trial. Your attorney can advise you of what he/she thinks is the best course of action and assist you with applying for ARD if it is available to, and best for, you.

5. A lawyer helps you understand your options.

DUI laws are complex, and navigating the court system can be daunting. It may be tempting to plead guilty right away just to be done with your DUI case. However, it’s important to fully explore your options so you can make educated decisions. Having an attorney negotiate with prosecutors on your behalf can help lessen the impact that a DUI may have on your life. If your case goes to trial, a defense attorney can help you prepare and develop a strategy to achieve a verdict in your favor.

It’s important to act fast to protect your rights if you're charged with a DUI. Contact a DUI attorney online or call (610) 444-0933 to schedule a free consultation. If you or a loved one has been injured in an accident involving a drunk driver, a car crash injury lawyer can help you understand your rights and hold responsible parties accountable.

This blog was originally posted on https://pa4law.com/5-reasons-you-need-a-dui-lawyer/

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What To Do If You Are Facing Prescription Drug Charges In Pennsylvania

Prescription medications can be helpful for those who suffer from severe pain, anxiety, and other medical conditions. However, addiction to these powerful drugs has become an epidemic in the United States and has led to people attempting to get them any way they can. Possessing prescription medication that has not been expressly prescribed to you is against the law, as are theft of prescription pads and forgery of physicians' signatures. If you or a loved one is facing charges related to the illegal possession or sale of prescription drugs, you are not alone. A criminal defense attorney can protect your rights and assist you with finding the help you need. 

A Prescription Drug Conviction Can Be Life-Changing

Being convicted of possession of a controlled substance oft-related charges such as theft and forgery—

 is life-altering. Prescription drugs involved in these types of charges often include narcotic pain relievers, depressants, stimulants, and ADHD, anti-anxiety, and sleep medications. 

Penalties for these charges are similar to those for other drug crimes. In addition to serving prison time and paying hefty fines, you may be forced to give up your professional license and have difficulty finding work in the future, not to mention the negative impact it can have on your loved ones and your standing in the community. Depending on the circumstances, an experienced drug crime lawyer may be able to help get charges reduced or dismissed, which can mitigate the damage of a conviction. 

Contact an Attorney Immediately

Clients facing drug charges often need help, not jail time, but sentences involving prescription drug fraud can be harsh. Regardless of the type of charges, any time you are arrested it is imperative to contact an attorney as soon as you can. Do not answer any questions or give  statements  to law enforcement officers or prosecutors without your lawyer present. It is also essential to find a defense attorney who knows how the criminal system works in these types of cases, and when alternative penalties such as treatment may be available. 

Defenses for Drug Crimes

Your lawyer will also investigate the facts surrounding your case to determine whether police or prosecutors followed proper protocols during the legal process. There are many different ways to approach drug crime defenses, and your lawyer will figure out which defenses may apply in your case.  They may challenge the evidence or testimony, point out procedural errors, or present an affirmative defense that shows you were acting legally. Each situation is unique, and your defense will depend on the specific circumstances surrounding your case.

If you are facing prescription drug charges, don’t wait to get in touch with a criminal defense lawyer. Our team of drug crime attorneys, sex crimes lawyers, and medical malpractice lawyers in Chester County, PA are here to serve all your legal needs. 

This blog was originally posted on https://pa4law.com/prescription-drug-charges-in-pennsylvania/

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