Drug Crime Charges Are Determined by Type and Quantity
Nov. 20, 2019
Drug crimes can be charged many ways in Scranton. Depending on the facts of the case, a defendant might be looking at possession charges, distribution charges, or trafficking charges.
The most common drug charge is possession of drugs. The severity of the charge will be impacted, among other things, by the schedule. Pennsylvania divides drugs into five categories, known as schedules. Controlled substances in each of these schedules can be prosecuted differently. For example, Schedule I drugs include marijuana, LSD, ecstasy, and other substances that have no accepted medicinal value and a high potential for abuse and addiction.
The quantity of the drug and previous criminal history will also play a role in sentencing upon conviction. Because penalties can be substantial, the wisest move to defend yourself is to retain an attorney as soon as possible.
Possible Defenses Against a Drug Possession Charge
With the help of an experienced drug crimes defense attorney, you may be able to utilize several possible defenses against a drug crimes charge. For example, you can claim there was a lack of probable cause to obtain a warrant or conduct a search, or that police exceeded the scope of the warrant. Warrants also grow stale and must be executed within a proper timeframe after being signed by a judge. Also related to this are defenses against an illegal stop, detention, or search which can be a violation of a person’s constitutional rights.
Additionally, to be charged with drug possession, it must be proven that a person knowingly or intentionally possessed the controlled substance in question. If a person borrowed another person’s car containing drugs or did not know drugs were inside a home they were either living in or visiting, then this could cause reasonable doubt.
Contact Peters Law Firm if you Have Been Charged with a Drug Crime
Peters Law Firm provides results-driven, affordable, and compassionate legal representation for clients in Scranton, Clarks Summit, and surrounding Northeastern Pennsylvania communities.
If you need a criminal lawyer or assistance with a criminal matter, contact us for a free initial consultation at our main office in Clark’s Summit, our Scranton area office, or our Tunkhannock and Wyoming County office today.