In order to prove simple possession, the prosecution must show that you knowingly and/or intentionally possessed a controlled substance. A simple possession charge of weed can still send you to jail for a year, plus a $5, 000 fine, not to mention all the other fees and court costs. 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. Bucks county criminal defense attorney. Generally, you are only permitted one direct appeal and one PCRA petition after your sentence. If law enforcement violated your rights, then the chances of winning the case increase significantly. However, it is vital that you contact our law offices for assistance as soon as possible.
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Your attorney can advocate for these preferences on your behalf as well as review each factor of your case to ensure that there was no misconduct during the investigation, prosecution, and sentencing process. ALTERNATIVE PROGRAMS FOR FIRST TIME DRUG OFFENDERS. Law enforcement, special prosecutors, and the attorney general's office all have narcotics units focused on thwarting the heroin epidemic. Depending on the circumstances of your case, a first drug offense can escalate from a simple possession case to a drug trafficking case. He may be able to argue that the conversion was inaccurate and as such you should not be subject to certain mandatory minimum sentences. Drug paraphernalia includes all equipment, products and materials of any kind which are used or intended to be used for planting, growing, manufacturing, ingesting or inhaling a controlled substance such as kits used to grow marijuana or other controlled substance, scales and balances, sifters, bowls, miniature cocaine spoons, plastic bags or balloons, containers, needles, syringes, pipes, roach clips, bongs and similar objects. Graham was found dead in a room at the hotel the next day. The most common drug offenses in Bucks County is the current target of thousands of hours of investigation and millions of dollars in resources involve the current opiate crisis. You should be aware, however, that this is just the minimum sentence, and the judge has the discretion to increase your sentence depending on your criminal history and extenuating circumstances, such as the use of a firearm during a drug deal. The prosecution must prove that you were aware of the presence of the paraphernalia's presence. Philadelphia Drug Trafficking Defense Lawyers for Controlled Substance Charges. Drug Paraphernalia (35 P. S. 780-113). Under Pennsylvania law, a conviction for drug possession requires proof, beyond a reasonable doubt, that the defendant: (1) knowingly and intentionally possessed a controlled substance without a valid prescription; (2) knew the drug was an illegal controlled substance; and (3) had actual control or possession of the drug. Jenkintown woman sentenced to prison in Bensalem drug death. Most Recent Blog Posts.
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With offices in Bensalem, Allentown, Doylestown, Quakertown and Philadelphia, we offer free legal consultations to help you gain clarity surrounding the details of your case. To ease the burden on courts and help people recover from their drug problem, Pennsylvania established several diversion or rehabilitative programs, including the Section 17 Probation Without Verdict, or PWOV, program. In layman's terms, this means that you are charged with simple possession of narcotics as a misdemeanor. You may already be thinking that you now need to find a criminal attorney — someone who is a criminal case professional that can provide you with legal advice, guide you through the process, and advocate on your behalf. This is because heroin is considered to have no medical value, and illegal in all forms. Depending on the circumstances, there are several defenses your attorney can use, such as: - It can't be definitively proven that you caused the damage. Drug Paraphernilia Attorney- Montgomery County, PA. Resources. However, sometimes, you need to try a case to obtain the best outcome. Once your ARD program conditions have been completed, your original charges will be dismissed. Drug Possession Criminal Defense Attorney in. Importing, Distributing or Trafficking in Controlled Substances. At the same time, we always are prepared with sentencing alternatives to present to judges.
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There are several common drug offenses in Bucks County. If the prosecution cannot prove that you had knowledge, then an attorney can successfully defend the case. Once the final sentencing range is determined – for example, 5 to 9 years – you will typically be sentenced within this range. Bucks county possession of heroin lawyers. Contact the Criminal Defense Law Firm of Scarpello & LaTour. The seriousness of your charges will depend on several factors, including: - Whether or not there were witnesses. Merely being present in a house or car where drugs are found, however, is not enough to prove that they were actually in your possession or control. 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.
Bucks County Criminal Defense Attorney
Contact me for a free initial consultation or fill out the confidential contact form for an immediate response. Marijuana Possession Laws In Pennsylvania. In cases involving either street-level drugs or prescription drugs manufactured or possessed by individuals not authorized to create, manufacture, or transfer them. Additionally, if the trafficking is a substantial amount, the assets utilized in and the profits obtained from the illegal activity could be seized. Up to $25, 000 fine. However, it may have been a federal conversion number if you were found to have been in possession of different types of drugs. Our attorneys have a clear understanding of how improper police procedures could have resulted in your arrest, and will also search for any violations of your Constitutional rights. Penalties are based on the classification of the drug as well as the amount you had in your possession and any prior drug charges. Bucks county possession of heroin lawyers.com. INFORMATION ON FIRST TIME DRUG OFFENSES IN PENNSYLVANIA. Drug charges are some of the most common cases criminal defense lawyers handle. What are the Consequences of a Drug Conviction? Charges for those accused of selling or trafficking heroin often are more severe.
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If that is not possible, several alternatives and drug diversion programs exist to getting your life back on track and avoiding jail time, including Probation without Verdict, ARD program for first time drug offenders and the Pittsburgh Drug Court. Our firm works with investigators and experts to fight cases and for your rights. The penalties are dependent upon the alleged value that was taken. Ecstasy, Meth & PCP Charges. Smith also admitted that she used heroin, fentanyl and methamphetamine as well, charging documents state. Domestic violence issues come into play also, as well as crimes against elderly and/or children. Drug Charges (PWID) In Pennsylvania. If your drug charge is more serious than simple possession, these timeframes may be even longer. Between 2000 and 2009, the land in Mexico used to grow opium poppies has increased tenfold, meaning more heroin makes its way to the U. S., feeding the growing demand at relatively low prices. Facing criminal charges is terrifying.
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Visit our site to read testimonials by previous clients about our super lawyers. For example, if the drugs are found in your car, under the floorboard of your room, or in your home, the police may imply that they were in your control and possession. Heroin is classified as a Schedule I drug; if convicted for heroin possession you could find yourself facing Pennsylvania's tough mandatory minimum sentencing laws. Payment of restitution, if applicable.
For example, if the probation officer claims that dealing drugs was your primary means of supporting yourself such that you are charged with a "lifestyle" increase, your attorney can present evidence of your legal income and argue that this was not the case and your sentencing range should not be increased. When you or a loved one is facing serious criminal charges, don't hesitate to reach out for help. Understanding the nature of both Pennsylvania and federal drug possession laws and can help you make an informed decision about how to best exercise your rights after you've been charged with a drug-related offense. • Possession of heroin paraphernalia is illegal in the state of Pennsylvania, even if the paraphernalia does not contain drug residue. Some people consider traffic violations and tickets for driving while suspended to be insignificant.
First, by explaining your rights, the penalties you face and listening to your side of the story to fully understand your charges. There still are certain requirements a person must meet to be enrolled in the program. We advocate zealously, never forgetting that our most important goal is obtaining the best results for our clients, whether that means fighting procedural battles or representing our clients before a judge or jury. We represent those facing heroin charges throughout the Greater Philadelphia area, including Exton, Coatesville, Lancaster, Downingtown and Media. The more serious the drug is considered, the most severe the consequences. As stated herein, there are many possible drug-related charges in Pennsylvania. There are no mandatory minimums for federal court. We are skillful attorneys and know how to negotiate with the best interest of our clients in mind. In Pennsylvania, drug possession is one of the most commonly charged crimes you fan be faced with. Second-time drug offenders of the same crime may face up to 3 years and heavier fines.
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