The Zeiger Firm

Did you know that, according to the Federal Bureau of Prisons, nearly 46% of all inmates are incarcerated on drug charges? In other words, out of all codified criminal offenses committable in the United States, which can number in the hundreds, nearly half of those sentenced are drug offenders. Do not be one of them.

Pennsylvania Drug Offense Categorizations

Generally, the severity of your Pennsylvania drug offense is dependent upon two factors: (1) the type of drug possessed and (2) the quantity of that drug. Pennsylvania law prohibits “[t]he manufacture, sale or delivery, holding, offering for sale, or possession of any controlled substance,” but the Commonwealth recognizes three different categories of possession:
Knowing and/or Intentional Possession of a controlled substance – 35 P.S. § 780-113(a)(16));
Possession with Intent to Deliver a Controlled Substance, i.e., dealing drugs – 35 P.S. § 780-113(a)(30)), and
Possession of Drug Paraphernalia – 35 P.S. § 780-113(a)(32).

Although possession of a controlled substance without intent to distribute can be considered a felony if certain substances, such as GBH, are possessed, simple possession and possession of drug paraphernalia are generally only punishable as misdemeanors. Possession with intent to deliver, however, can be punishable as a felony and can result in a 15-year prison sentence.

Defenses to Pennsylvania Drug Charges

If you or a loved one has been charged with possession, an experienced Philadelphia criminal defense attorney may be able to help by mounting one of many potential defenses to drug possession. These defenses may include the following:

- Lack of Knowledge: Occasionally, whether at school or in the car, a guilty party will attempt to hide his or her drugs in your personal belongings. If you had no knowledge that any drugs were on your person, then you have a defense to possession charges;
- Defeating the Elements: In any criminal action, the prosecuting attorney is responsible for proving your guilt beyond a reasonable doubt. Accordingly, if you are charged with possession with intent to deliver, you can defeat this charge by showing that such intent did not exist;
- Qualification as a Lawful Possessor: Under Pennsylvania law, certain individuals are legally permitted to possess controlled substances without a license. These include employees of certain drug manufacturers or lawful carriers;
- Constitutional Violations: If controlled substances were found in your possession, but they were found in an unlawful manner, then this is a complete defense to a possession charge. For example, if your vehicle is pulled over without cause and the police officer searches the vehicle after smelling pot, then this was likely not a legal search, and any evidence discovered can be suppressed.

Contact Philadelphia Criminal Defense Attorney Brian Zeiger to Protect Your Rights

The law is designed to protect Pennsylvania citizens, but that includes those who have been charged with a qualifying offense. You are innocent until proven guilty, and there are a variety of defenses that might be available to you in order to defeat a possession charge. Attorney Brian Zeiger can work to review the specific facts of your case and help you build the best defense possible. Contact him today at 215-546-0340 or online.

Having a criminal record can have many effects on your life. A conviction for a crime can make it difficult to do the following and more:

Keep your job
Find a new job
Hold a professional license
Participate in educational programs
Be approved to rent housing
Keep custody rights of your children

Because a conviction can adversely impact so many areas of your life, it is critical to avoid a conviction whenever you can.

Just because you have been arrested and charged with a crime does not mean you will automatically be convicted. An experienced criminal defense attorney has many tools and strategies to help prevent a conviction in many cases. The following are only some ways that a defense lawyer can do so.

Fighting for Dismissal of Your Charges

In some situations, an attorney can convince a prosecutor to drop your charges completely before your case ever goes to trial. A skilled defense lawyer will investigate the circumstances surrounding your arrest and the allegations against you to identify any evidence that your charges should be dismissed.

For example, if you are charged with possession of drugs, your lawyer may discover that the drugs were found in violation of your 4th Amendment rights. Your lawyer may then argue that the drug
evidence should be kept out of your case and, if the prosecutor has no other evidence against you, they may have to dismiss your case. This is only one example of situations in which your attorney
may get your case dropped.

Diversion Programs

There are several different programs called “diversion programs” in Pennsylvania for which a first-time offender of certain offenses may qualify. A diversion program allows you to put your case on hold while you participate in the program. Upon successful completion, your case can be dismissed without a conviction.

Some examples of Pennsylvania diversion programs include:

ARD (Accelerated Rehabilitative Disposition) Program
Drug Court
Section 17 or Section 18 Drug Program.
SAM (Small Amount of Marijuana) Program
Summary Diversion Program
AMP I (Alternative Misdemeanor Program I)
AMP II (Alternative Misdemeanor Program II)

These programs involve many requirements that must be met for a period of time before your case can be over, however, if you are able to abide by the conditions of the program, you can avoid a criminal record. Your lawyer can work to convince the prosecutor that you should be given a chance to complete a diversion program instead of having a conviction pursued.

Negotiating for a Suspended Sentence

Even seemingly minor crimes may come with a jail sentence. However, courts in Pennsylvania have the discretion to suspend a jail sentence for a period of time. During this time, you will instead be on probation and if you can successfully complete your probation, your case can then be dismissed without a conviction. Not every offense is eligible for a suspended sentence, however, your attorney can determine whether this may be an option in your case. They can then negotiate a suspended
sentence as part of a plea bargain or argue to the sentencing judge that you deserve a suspended sentence as a way to avoid time in jail and a conviction on your record.

Acquittal at Trial

Some criminal cases go to trial for a variety of reasons, such as you were wrongfully accused of the crime. An experienced criminal defense attorney will know how to carefully build the strongest case possible in your defense. In order to convict you, the jury must believe that you are guilty beyond a reasonable doubt, which is an extremely high standard. If your defense attorney can cast any reasonable doubt on any elements of your crime, the jury should acquit you of your charges.

There are many ways to cast reasonable doubt in a criminal case, including:
Presenting an alibi
Proving self-defense
Proving lack of intent to commit a crime
Demonstrating that an eyewitness identification was unreliable
Proving forensic lab mistakes
Challenging the evidence or witnesses presented by the prosecution

Your lawyer should carefully evaluate all possible trial defense strategies in your case to best fight for an acquittal at trial.

Contact a Philadelphia Criminal Defense Lawyer for More Information Today

If you are facing criminal charges, all hope is not lost and a conviction is not inevitable. At The Zeiger Firm, we vigorously defend clients faced with a wide variety of charges – from traffic violations to homicide. If you would like to discuss your situation for free and learn how our Philadelphia criminal defense attorney can help, please contact us online or call 215-546-0340.

CONTACT:
The Zeiger Firm
1500 John F Kennedy Blvd #620a
Philadelphia, PA 19102
Phone: (215) 546-0340
Email: zeiger@levinzeiger.com
Websites: http://zeigerfirm.com