The District Attorney must approve the applicant's admission; and. Drug Paraphernilia Attorney- Montgomery County, PA. Resources. The type of drug, amount of drug, and where the drug was trafficked can impact the severity of the penalties you face. They may simply allow someone to hide those substances in their vicinities because they are afraid of violence or gang activity. If you've been charged with manufacturing a controlled substance, this may include growing or producing illegal drugs like marijuana, cocaine, meth, and LSD. This means it was actively on your person or in your pocket. A custodial situation is when an individual's freedom of movement is restrained and they are not free to leave, judged by a "free to leave" test. Recent Changes in Federal Drug Possession Law. If you or your loved one has been accused of a drug crime and you would like to get out ahead of it, call 215-650-6500 to discuss your options or get a second opinion from attorney Stephen Stewart. The sentence for trafficking a few dozen grams of a controlled substance can be years longer than the sentence for trafficking two or three grams of the same substance. In Pennsylvania, drug possession is one of the most commonly charged crimes you fan be faced with. Individuals generally have the access to funds in monetary value so they have the ability to purchase such narcotics, thus using them. Bucks County Crimes Defended by Bucks County Criminal Lawyers. When you or a loved one is facing serious criminal charges, don't hesitate to reach out for help.
Successful completion of the terms and conditions of the Section 17 probation will result will result in the dismissal of the drug possession charges by the court. Even a first-time simple possession conviction can mean up to a year in prison and $5, 000 in fines, depending on the amount and type of drugs found in your possession. Drug Paraphernalia Charges. 'Tranq' on the rise: Deadly 'tranq' drug is Narcan-proof and on the rise in Bucks County.
But don't make a mistake: the decision of which criminal defense lawyer to hire is the most crucial choice you face right now. Up to 2 years in jail. A prosecutor would need to prove that you had knowledge of the illegal drugs or controlled substances and the ability to maintain dominion or control over it. Many states, including Pennsylvania, offer drug treatment programs for non-violent first-time offenders. At Scarpello & LaTour, we handle all types of drug offenses, including Possession of a Controlled Substance, possession of prescription drugs without a valid prescription, drug trafficking, and more. Unfortunately, many employers remain reluctant to hire a person who has a criminal record for a drug possession crime. The Law Offices of Ryan L. Hyde take a comprehensive approach to those suffering from Drug Addiction. If you have been charged with a drug possession offense in Bucks County, Montgomery County or the surrounding counties, it is important that you act quickly to protect your rights and build the strongest possible defense against the charges. It is much more difficult for a prosecutor to prove constructive possession of an illegal drug or controlled substance. First-time offenders who are under 18 may be sent to a rehabilitation program and are not typically charged as adults. There are many different effective defenses to both actual and constructive possession of drugs. Not all lawyers are equipped to practice in federal court, as the rules of criminal procedure are vastly different, as are the rules for guilty pleas and drug sentencing. Controlled Substances are classified according to a schedule in Pennsylvania. Protecting your constitutional rights is central to our drug crimes practice.
Penalties for Possession of a Controlled Substance. Skilled Attorneys serving Bucks, Lehigh, Montgomery, and Philadelphia Counties. These programs allow individuals charged with the illegal possession of drugs and controlled substances the opportunity to have their criminal charges dismissed after completion of certain conditions and a period of probation. Prosecutors often seek high bails for individuals accused of drug crimes. As a result, even a relatively minor drug possession conviction can quickly cause lasting damage to your reputation and future. We are skillful attorneys and know how to negotiate with the best interest of our clients in mind. DUI cases in Bucks County do not require the reading of Miranda Rights. A Bucks County Criminal Defense Attorney Who Will Fight for You. For example, is it a first offense or second offense? The nature of the substance possessed is also important in these cases.
Doylestown Criminal Defense Lawyer. Manufacturing of a Controlled Substance. In cases involving either street-level drugs or prescription drugs manufactured or possessed by individuals not authorized to create, manufacture, or transfer them. Criminal Defense Attorney in Bucks County Pennsylvania 18944. Applebaum & Associates is a criminal defense law firm serving Bucks County clients who are facing criminal charges in the following areas: What Criminal Defense Lawyers Do. Because the prosecution (the state attorney pressing charges against you) has the burden of proving that you are guilty of drug possession or intent to distribute beyond a reasonable doubt, she must have evidence sufficient to show the court that you are guilty of each of the elements listed above.
Charges for those accused of selling or trafficking heroin often are more severe. These strict programs often include frequent drug testing and court appearances, along with treatment options. Depending on the amount of drugs and prior offenses, you can face a maximum sentence. Just as importantly, do you want a criminal lawyer or a lawyer who represents clients in all types of matters? The most common drug offenses in Bucks County involve the personal use of a street-level illegal substance: cocaine, heroin, LSD, marijuana, or the abuse of prescription drugs even though an individual may have obtained them lawfully by prescription. We will challenge drug searches and arrests which may have violated due process rights, and will file motions to suppress any improperly obtained evidence. For example, if you are accidentally given the wrong prescription when you go to the pharmacy, you do not "knowingly" possess the un-prescribed oxycodone if it is found after you're pulled over for speeding. How is Drug Possession Defined in PA? Thus, public intoxication, whether it be by alcohol and/or drugs, is never a defense. Smith was sentenced to five to 10 years in prison. ARD for PA Drug Possession.
"I miss Matt every day and people need to know that there will be consequences for doing this to someone. The most charged crime in Bucks County is Driving under the Influence. Drug paraphernalia can be as an item as small as the bag the drugs were being stored in. In fact, more than two-thirds of heroin addicts were previously addicted to prescription opioid painkillers. If you were charged with constructive possession, it is alleged that drugs were found somewhere on your property, such as in your car, home, or office. These cases often involve misdemeanor crimes which can be diverted, with the right help of the right drug lawyer in Bucks County, to a program which protects a person's freedom and even record, thereby diverting a criminal case. Even if the doctor advises against prosecution, the district attorney must agree to follow the doctor's recommendation in order for a candidate to be admitted into the Section 18 program. MDMA (Ecstasy, Molly, X). It was presumed that this disparity existed, whether intentionally or otherwise, because African-American offenders tended to be found in possession of crack cocaine, while wealthier white offenders were more often found in possession of powder cocaine. Once you gain admittance, you will be given a set of tasks, monitored by the court, that must be completed successfully. Possession of drug paraphernalia is a misdemeanor and, upon conviction, a person can face imprisonment of up to 1 year and a fine not to exceed $2, 500. Our firm works with investigators and experts to fight cases and for your rights.
Being accused of a crime doesn't mean your fate is set in stone – There are steps you can take to mitigate the damage done and tell your side of the story. Pennsylvania defines possession of a controlled substance under 35 P. S. § 780-113(a)(16) as "knowingly or intentionally possessing a controlled substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate state board, unless the substance was obtained directly from, or pursuant to, a valid prescription order or order of a practitioner or except as otherwise authorized under this act. In turn, those who were hooked on prescription opioids have turned to heroin to relieve the cravings at a lower cost. A heroin defense attorney at Ciccarelli Law Offices can help you combat the drug charges and work with you to ensure your rights are represented. The Law Office of Lloyd Long handles many types of drug trafficking charges in Philadelphia, including criminal allegations involving Schedule I controlled substances, Schedule II controlled substances, Schedule III controlled substances, Schedule IV controlled substances, and Schedule V controlled substances, such as: - Adderall. An experienced and aggressive Pennsylvania Drug Lawyer can help. So, for example, if you had a valid prescription for Oxycodone but attempted to sell or even give half a bottle away to a friend in pain, this is still chargeable as a PWID in Pennsylvania. If that is not possible, there are numerous ways of attempting a reduction in sentencing such as probation vs. jail. In complex drug trafficking cases, there is no time to waste building a defense strategy to protect you. Most Recent Blog Posts.
However, third or subsequent offenses can result in prison terms of up to three years and up to $50, 000 in fines. How Does the Prosecutor Prove I am Guilty of Drug Possession? Others believe heroin's comeback has more to do with the fact that the sales of ingredients for methamphetamine have been severely restricted, making the drug more difficult to obtain. Regardless of the type or quantity of drugs involved in the charges against you, we can protect your rights and fight aggressively to preserve your freedom. If the prosecution cannot prove that you had knowledge, then an attorney can successfully defend the case. Common examples of drug paraphernalia include pipes, needles, grinders, syringes, razor blades, scales, bongs or rolling papers found on your person or in your possession.