Indiana County Drug Possession Lawyer Helping People Get Back On Track
Last updated on August 1, 2024
With an increased focus on reducing drug use, Pennsylvania lawmakers and law enforcement take a hard stance on drug possession. Under Pennsylvania’s drug laws, an individual can be charged with a drug-related offense for possession of illegal substances or drug paraphernalia. Possession of a small amount of marijuana or a controlled substance for recreational use could turn into a criminal charge with lasting implications.
Don’t let the threat of a drug charge impede your future. Count on Robert S. Muir, Attorney at Law, to protect your rights and fight the charge.
What Is the Penalty For Possession Of A Controlled Substance in Indiana County?
Pennsylvania classifies drugs into five schedules based on the drug’s potential for abuse and medicinal value. Penalties increase on a sliding scale for drugs that carry a higher risk of addiction and abuse and minimal medicinal value.
Penalties for drug-related crimes vary depending on the substance, amount and any prior criminal convictions. For misdemeanor possession of a controlled substance or drug paraphernalia, the penalty is up to one year in jail and fines of up to $5,000. Felony charges include trafficking, possession with intent to deliver and unlawful manufacturing. Fines for felony drug charges can reach $250,000, and you may be sentenced to up to 15 years in jail.
What Legal Defenses Exist For Pennsylvania Possession Charges?
When facing drug possession charges, it’s important to remember that each case is unique and various legal defenses may be applicable depending on the specifics. Common defenses include:
- Unlawful search and seizure: The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures by law enforcement. If the evidence against you was obtained through a search or seizure that did not comply with legal standards – such as the lack of a valid search warrant or probable cause – this evidence might be excluded from your trial. This is especially relevant in drug offenses, where the legitimacy of how evidence was gathered can be critical to the prosecution’s case.
- Lack of ownership or knowledge of possession or possession of paraphernalia: It is not unusual for defendants in drug possession cases to assert that they were not the actual owner of the drugs and/or they had no idea that the drugs were in their possession. This might be the case, for example, when someone borrows your car and leaves drugs behind under the seat.
- Mistakes by the crime lab: Sometimes, the police jump to conclusions about what they see. Preliminary tests may also be wrong – and even crime labs can make errors in analysis. One effective defense is often to raise questions about whether the “drugs” were even drugs at all or question the methods used by the crime lab in its analysis.
- Chain of custody errors: The authorities can get sloppy when it comes to securing the drugs they’ve seized in evidence rooms, and a broken chain of custody is a serious issue that can be attacked at trial. Without a valid chain of custody, there may not be any evidence that the drugs even existed.
The role of a criminal defense attorney in these scenarios cannot be overstated. An experienced attorney can scrutinize the details of your charges and build a defense strategy tailored to your case. They can also negotiate for reduced charges or alternative sentencing options, potentially minimizing the impact of drug convictions through plea agreements.
Concerns For College Students
A drug-related charge and subsequent conviction can leave a permanent stain on your record, making it difficult to get a job or secure a place to live upon graduation. A charge can also impact your eligibility for financial aid and scholarships. You need aggressive representation to prevent a drug charge in college from negatively affecting your long-term goals.
Get Your Defense Started
Upon your arrest, the prosecution immediately starts working toward a conviction. You need to contact an experienced drug possession lawyer to work on your case right away. To begin the process, I offer free consultations. To schedule yours, call my Indiana office at 724-471-6457 or reach me online. I protect the rights of clients in Armstrong, Cambria, Indiana, and Westmoreland counties.
