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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What Happens if I Fail to Register as a Sex Offender in Pennsylvania?

If you’ve been convicted of a sex crime in Pennsylvania, you are required to register as a sex offender under Megan’s Law. Depending on the type of conviction, you may be required to register annually, every six months, or every 90 days. Failing to register or to update your home and work addresses when you move or change jobs, or providing inaccurate information, can result in a felony conviction and prison time.

Megan’s Law and SORNA

Although Megan's Law requires that the Pennsylvania State Police maintain a sex offender registry to protect the public, there are federal laws that also apply to sex offenders. The Sexual Offender Registration and Notification Act, or SORNA, is a federal law that requires convicted sex offenders to be categorized under three tiers. Tier I offenders are required to register annually for 15 years, Tier II offenders are required to register every six months for 25 years, and Tier III offenders are required to register every 90 days for the rest of their lives.

Photos of offenders and information such as height, weight, birth date, vehicle information, employment information, and home address are published on the Pennsylvania sex offender registry website. It is extraordinarily difficult to game this system, so if you’re required to register, an experienced sex crimes lawyer will advise you that it’s best to comply with all requirements. If the Pennsylvania State Police do not send you a notice or information about registering, you are still required to register, and you can still be arrested if you don’t.

Penalties for Failure to Register

If you are convicted of failure to register, the penalties you face will depend on the circumstances of your original sex crime conviction. Penalties can range from third to first degree felonies, seven years to life in prison, and up to $25,000 in fines.

These are the criminal penalties for failure to register as a first offense – if you have subsequent violations, you may face a longer term of incarceration. Failing to register can also result in a revocation of probation, parole, or conditional release.  

What to Do if You’ve Been Arrested

Even if you’re charged with Failure to Register due to an honest mistake or miscommunication, don’t assume that you won’t be convicted. Regardless of the circumstances, it is always a good idea to contact an experienced criminal defense attorney if you’re facing charges. Do not give a statement, answer questions, or speak to law enforcement officers or prosecutors without your attorney present. A lawyer will fight to protect your rights and may be able to get charges reduced or dismissed.

Whether you’ve been criminally charged or you have been a victim of a crime, you don’t have to go it alone. Our team of defense attorneys, drug crime lawyers, and domestic violence lawyers believe everyone deserves fair, competent legal representation. If you need assistance with a Protection from Abuse order or another legal matter, we’re here for you.

This blog was originally posted on https://pa4law.com/what-happens-if-i-fail-to-register-as-a-sex-offender-in-pennsylvania/

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What to Do If You Have Been Accused of Sexual Assault

Allegations of sexual assault can be devastating to the accused and their loved ones. Being charged with a sex crime can jeopardize your reputation and have a negative impact on all aspects of your life.  If you or someone you love has been accused of an assault, you may feel shell-shocked and unsure of what to do next. A sex crimes lawyer can protect your rights and help you understand the charges you may be facing.

Contact a Criminal Defense Lawyer

Even if you haven’t yet been arrested or charged with a crime, if someone accuses you of sexual assault it’s critical to contact a criminal defense attorney immediately. A sex crime conviction can have grave repercussions such as prison time and sex offender registration requirements. It can also affect your ability to find employment and housing, and take a serious emotional toll on you and your loved ones.  Having an experienced defense lawyer in your corner can help to ensure you get the best defense possible.

Only Discuss Your Case with Your Attorney

It’s normal to want to tell your side of the story if you feel you’ve been wrongly accused. However, seemingly innocent statements can be turned against you by law enforcement officers and prosecutors. Do not answer any questions or give a statement to police or prosecutors without your attorney present. It’s also important to refrain from talking about the allegations with friends, family, or anyone else. If they are called as witnesses, anything you said to them may be used to make you appear guilty.

Do Not Contact the Alleged Victim

It can also be tempting to want to clear the air with your accuser. This is something you should never do, especially if there is a Protection from Abuse (PFA) order in place. Do not ask someone else to speak to them on your behalf or contact any of their friends or family. If your accuser is an intimate partner or family member, it’s a good idea to seek the counsel of a domestic violence lawyer who has experience handling these types of cases.

Preserve Evidence

Make sure to keep all text messages, voicemails, social media posts, physical evidence, and anything else you think may be relevant to your case. Make a list of potential witnesses and write down everything you can remember about what happened. All of this evidence can help your attorney build a solid defense.

Listen to Your Attorney

Your lawyer’s top priority is to protect your rights and interests. You may have to reveal very personal details about your life and the circumstances of the alleged assault, which can be challenging. It’s important to keep in mind that your attorney is on your side – there are valid reasons why they may ask you to answer certain questions or do certain things.

If you’ve been accused of a crime, contact our criminal defense attorneys to protect your rights today.

This blog was originally posted on https://pa4law.com/what-to-do-if-you-have-been-accused-of-sexual-assault/

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Understanding Levels of Sex Crimes in PA

The legal consequences and social stigma that come with being accused or convicted of a sex crime can affect all aspects of your life. If you have been accused of a sex crime, it’s important to know exactly what charges you could be facing and which penalties may apply. A criminal defense attorney can help you understand your rights and advise you of the consequences a particular level of sex crime may carry.

Felony Sex Crimes in PA

Generally, rape is defined as forcible sexual intercourse and is a first-degree felony in Pennsylvania. Involuntary deviate sexual intercourse refers to using an object to penetrate another person’s body, and is also a felony in PA. There are many other sex crimes in Pennsylvania that can be charged as felonies, including statutory sexual assault, indecent assault, and institutional sexual assault. Potential penalties include:

• A third-degree felony conviction can result in up to seven years in prison and a fine of up to $15,000
• A second-degree felony conviction can result in up to ten years in prison and up to a $25,000 fine
• A first-degree felony conviction can result in up to 20 years in prison and up to a $25,000 fine

Misdemeanor Sex Crimes in PA

Crimes like indecent exposure, prostitution, solicitation, and lewd conduct are charged as misdemeanors in Pennsylvania, and may result in the following penalties:

• A second-degree misdemeanor conviction can result in two years in jail and up to a $5,000 fine
• A first-degree misdemeanor can result in up to five years in jail and up to a $10,000 fine

Regardless of whether you’re facing felony or misdemeanor charges, it’s critical to seek the counsel of an experienced sex crimes lawyer. Your attorney will ensure your rights are protected and may be able to get charges reduced or dismissed, depending on the specific circumstances surrounding your case.

Megan’s Law Sex Offender Registry

Although some crimes are considered more serious than others, those convicted of sex crimes usually have to register as sex offenders under  PA Megan’s Law and the Sex Offender Registration and Notification Act (SORNA). Depending on the crime, generally, an offender is classified as a Tier I, Tier II, or Tier III offender, although there are other classifications for sexually violent predators and sexually violent delinquent children.

These distinctions are very important, as the length of time someone is required to register depends on their classification. Failing to register is a felony, and can result in prison time and up to $25,000 in fines.

Sex offender registration requirements in Pennsylvania are as follows:

• Tier I – 15 Year Registration
• Tier II – 25 Year Registration
• Tier III – Lifetime Registration
• Sexual Violent Predator – Lifetime Registration
• Sexual Violent Delinquent Child – Lifetime Registration

Juvenile offenders are no longer required to register in Pennsylvania unless they are classified by the Court as a Sexually Violent Delinquent Child.

Whether you have been accused of a crime or you’re a victim of sexual assault, our experienced team of legal professionals can help. Our criminal defense attorneys, domestic violence lawyers, and drug crime lawyers provide exceptional legal representation in all matters of criminal law without judgment. If you’ve been a victim of domestic violence, we can assist you with filing a Protection from Abuse order as well.

This blog was originally posted on https://pa4law.com/understanding-levels-of-sex-crimes-in-pa/

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Medical Mistakes: When a Fertility Clinic Uses the Wrong Sperm

For those struggling to conceive a child, fertility treatment can be a lifesaver. Although they are rare, mistakes sometimes happen at fertility clinics. Fertility law is fairly new and can be quite complex. If you’ve been a victim of a medical error during fertility treatment, it’s important to find good medical malpractice lawyers who have experience in this area of the law.

Fertility Clinic Sperm Error

One such case involved Thomas and Nancy Andrews, who received fertility treatments at New York Medical Services for Reproductive Medicine in 2004. After struggling to conceive their second child, Nancy underwent in-vitro fertilization with what was assumed to be her husband Thomas’ sperm. When she became pregnant the family was overjoyed.

However, after Nancy gave birth to daughter Jessica on October 19, 2004, they feared that something was amiss. Jessica’s skin was much darker than either of her parents’ and she had characteristics more typical of African or African-American descent. Using a home kit, they tested their daughter’s DNA and had two additional lab tests performed. All three tests showed that Thomas was not Jessica’s biological father.

The Andrews File a Malpractice Lawsuit

The couple feared that Jessica’s biological father could try to claim rights and that the anonymous donor's sperm may have been used in other inseminations or another couple may have received Thomas Andrews' sperm. They also believed that the convoluted situation could cause their child confusion and unnecessary hardship.

The Andrews decided to bring a claim against the owner of the clinic and the embryologist who processed the egg and sperm for insemination. In court filings the couple stated, "We underwent a difficult and complex medical procedure for the sole purpose of bearing a child of our own. We were never informed that this type of mishap could occur, and frankly, this type of mishap is almost unimaginable.”

Even the best medical malpractice lawyers in Pennsylvania find cases involving IVF and other fertility treatments challenging to win. New York courts are hesitant to deem the birth of a healthy child as a cognizable injury. State Supreme Court Justice Sheila Abdus-Salaam dismissed certain parts of the Andrews’ lawsuit, including a claim that they had suffered mental distress. However, they were permitted to proceed with the medical malpractice portion of the claim. Ultimately, they were granted a summary judgment against embryologist Carlo Acosta.

Other Types of Fertility Clinic Errors

Using the incorrect sperm isn’t the only type of error that can happen at a fertility clinic. A California woman was awarded $1 million in a malpractice claim against a fertility specialist who accidentally implanted her with the wrong embryos, then concealed the mistake until her baby was 10 months old. 

Common errors include:

• Improper handling of sperm, eggs, or embryo, which can result in the implantation of the wrong embryo or using the wrong sperm or eggs
• Improper implantation, such as placing the embryo in the ovaries, which can result in ectopic pregnancy
• Medication errors, such as prescribing the wrong drugs before, during, or after an IVF procedure

If you have suffered harm due to a fertility clinic error, seeking the counsel of medical malpractice lawyers in Chester County PA can help make things right for you and your family. Our malpractice attorneys in West Chester provide compassionate, competent legal services you can trust.

This blog was originally posted on https://pa4law.com/medical-mistakes-when-a-fertility-clinic-uses-the-wrong-sperm/

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Hazards of Do-It-Yourself Estate Planning

Hundreds of websites offer do-it-yourself wills and other estate planning documents. While DIY estate planning may seem like a good way to save a few dollars, it can have serious repercussions for your beneficiaries. Even if you have few assets, laws vary by state, so it’s always a good idea to seek the counsel of local lawyers for wills and other estate planning documents.

An Estate Plan is More Than a Will

Many people believe that as long as they have a valid will, they have all aspects of estate planning covered. This is simply untrue – proper estate planning is also designed to protect your rights and interests while you are still alive. Some other vital estate planning documents include:

• Power of attorney for health care
• Power of attorney for finances
• Advance directive (living will)
• Trusts

If you fail to have durable powers of attorney in place and you become incapacitated, the court may appoint someone to make medical decisions and handle your finances for you. A probate lawyer or estate planning attorney takes a comprehensive look at your specific needs and can help you draft solid, legally valid documents that protect you and your family.

Trusts Can Simplify Estate Planning

Assets in trusts usually don’t have to pass through probate, and some types of irrevocable trusts can offer tax advantages. However, if you attempt to create a trust by yourself, you run the risk of making mistakes that can have negative consequences for your loved ones. If you’re creating a trust, it’s important to be well-versed in the laws of your state to ensure it’s done correctly. 

Trusts can include certain stipulations, such as disbursing funds over time or when a beneficiary reaches a certain age. This means that you have to do your homework, which can be complex and take a significant amount of time and energy. Using a good estate planning law firm instead of attempting to do it yourself ensures that any trusts are done right the first time and all your legal bases are covered.

Updating Your Estate Plan is Critical

Reviewing your estate plan every year or two or when major life events happen is essential. Marriage, the birth of children or grandchildren, divorce, and other happenings can have a significant impact on your estate. You may also acquire or sell assets. It’s critical to adjust your estate plan accordingly to help make things as easy as possible for your loved ones after you’re gone. For example, if you get remarried and want to ensure your children’s inheritance is protected, creating a new will and trust can help to ensure your assets end up in the right hands.

If you need assistance with estate planning, don’t go it alone. Our Pennsylvania wills lawyers and estate planning attorneys in Chester County PA offer affordable, personalized legal services you can trust.

This blog was originally posted on https://pa4law.com/hazards-of-do-it-yourself-estate-planning/

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What to Expect if Your Divorce Goes to Trial

When many people hear the word “trial” they think of criminal proceedings where a jury decides the fate of the defendant. However, when an agreement can’t be reached between a divorcing couple, they may participate in a trial to settle issues surrounding property division, child custody and support, alimony, and any other matters that need to be addressed. If your divorce is going to trial, it’s critical to have the best divorce lawyers by your side.

Settling Disputes Out of Court

Having a lawyer negotiate a settlement with your spouse is typically a more expedient and affordable way to settle divorce disputes than going to trial. It’s important to keep in mind that going to court can be a lengthy, costly process.  Your divorce attorney and child support lawyer may be able to negotiate a divorce and custody/support settlement agreement without ever going to court.

Steps to Take Before Trial

1. Discovery

Each party must share all evidence with the other side to ensure everyone can prepare for trial without surprises before the court date. Typically, the hearing officer or judge holds a pretrial conference and sets a deadline for discovery to be completed. You must name the witnesses who will testify and will have an opportunity to object to any evidence the other side proposes to submit.

2. Depositions

Generally, a deposition is a fact-finding mission in which the deponent (the person being deposed) answers questions under oath in front of a court reporter before the trial begins. Lawyers may ask a wide range of open-ended questions to discover more facts that may be of use in the trial or in trying to settle the case. Subpoenas may be issued to summon witnesses such as friends, family, acquaintances, and experts to testify in a deposition.  

3. Trial Preparation

It’s important for your attorney to properly prepare you for the deposition and trial. You will not only be prepared as a witness; your lawyer will advise you on how to conduct yourself in and out of the courtroom. Your attorney will ask you questions you might hear from opposing counsel or the hearing officer or judge and may advise you about other details specific to your case. For issues like alimony and child support, there are certain factors that the court must consider. It’s important to be prepared to address each and every one of them. Your attorney may also continue to negotiate with your spouse’s lawyer to try and hash-out issues before trial. 

The Trial

On the first day of the trial, witnesses are sworn in, and the hearing officer or judge will ask the attorneys if they have any preliminary matters to discuss. Once that’s taken care of, opening statements begin. The lawyer for the party who filed for divorce (plaintiff) then calls the first witness to testify. After the plaintiff’s attorney is finished asking questions, the opposing counsel conducts a cross-examination. The plaintiff’s attorney may then ask some more questions on redirect. This process continues until all of the plaintiff’s witnesses have testified, including expert witnesses and the plaintiff.

The other side then calls its witnesses for testimony and cross-examination. Throughout the process, evidence is presented, and the attorneys will most likely raise objections that will be sustained or overruled by the hearing officer or judge. After all witnesses have testified and all evidence is presented, each side presents a closing argument. Once this phase of the trial is over, the hearing officer or judge issues a written ruling and sends it to both attorneys.

The Order

In a divorce trial, the hearing officer will issue a Report and Recommended Order. If either party takes issue with the Recommended Order, that party may file what is called exceptions. The Recommended Order then goes to a judge for a ruling. If neither party objects to the hearing officers, Recommended Order, it is signed by a judge into an actual Order of Court. Once the judge signs a divorce Decree, you are legally divorced. Barring any motions for reconsideration or appeal, the specifics of the orders must be carried out.

Do you need assistance with divorce or another legal issue? Our experienced team of affordable child custody lawyers, divorce attorneys, domestic violence defense lawyers and family estate planning attorneys can help.

This blog was originally posted on https://pa4law.com/what-to-expect-if-your-divorce-goes-to-trial/

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