Experienced PA Drug Laws and Sentencing Attorney Explains Pennsylvania Drug Laws

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Pennsylvania drug laws are complicated. Do not go it alone if you have drug charges pending against you. Let a lawyer who has dedicated her career to fighting for justice help you. Otherwise, you could face severe punishment that has lasting repercussions.

Pennsylvania drug defense attorney Tammy Dusharm of Dusharm Law LLC., is a compassionate and experienced criminal defense lawyer who dedicates her practice to making a difference. She will work diligently and will devote her resources to achieve the best outcome for your Pennsylvania drug case.

 

PA Drug Laws and Sentencing

 

Pennsylvania’s drug laws are some of the toughest in the country. When you face drug possession charges in PA or possession with intent to deliver PA, you could receive a significant jail sentence. The length of time you could spend in jail, along with any other sanctions you might get, depends on four important factors. The four factors that are prevalent in sentencing under Pennsylvania drug laws are:

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• The type of drug confiscated;

• The number of drugs confiscated;

• Your prior record of convictions for drug offenses or other crimes, if any; and

• The opinion of the police that you had the intent to deliver rather than simple possession of the illegal drug.

 

Other factors like social history, educational history, and work history also play a role in determining the right sentence. The judge may not have a choice on sentencing depending on the charge.

 

What Is the Difference Between “Simple Possession” and “Possession with the Intent to Deliver?”

 

Simple possession and possession with intent to deliver (PWID) are substantially different crimes. Courts use the term simple possession and PWID to refer to the intent of the person found in possession of drugs. In other words, the court wants to know what you were planning to do with the drugs when you got caught.

 

Possession Under Pennsylvania Drug Laws

 

Before discussing the difference between simple drug possession in PA and possession with intent to deliver in PA, the first thing an expert in Pennsylvania drugs laws might want to know is whether or not the prosecutor can prove possession. If not, then a savvy defense attorney might file a motion to dismiss the case due to lack of evidence. Or you could choose to take your case to trial to win an acquittal. The best defense strategy for you and your case can only be determined after an honest conversation with your attorney.

 

Simple Possession

 

You might think that you understand what possession means. In everyday life, possession is an easy concept to understand. However, in the legal realm, the word takes on a new meaning. 

In the legal sense, possession means either having a) actual possession or b) constructive possession. Actual possession means you have direct control over an item, like your cellphone when you send a text message. 

Possession is not ownership; they are two distinct concepts. Thus, the Commonwealth does not have to prove you own an item like you might own a car, to convict you of drug possession.

 

Constructive Possession

 

Constructive possession is a legal term. A person has constructive possession over an item when they know the item exists, knows where it is, and when that person has the intention to exercise dominion and control over the item.

Practically, we have constructive possession over many things in our lives. For example, we have constructive possession of our cars when we park them and go into our homes. We know where the item is, we know what it is, and we have the intent to drive it at another time. 

Police use constructive possession to charge people with violations of Pennsylvania drug laws when they seize drugs that are not in anyone’s actual possession. For example, police might arrest you for a drug offense if they found a bag of drugs under your passenger’s seat and not on you. In this scenario, they might charge everyone riding in the car with possessing the drugs. Similarly, when the police serve a search warrant and find drugs in a shoebox in a closet, they may charge anyone who has a connection to the closet with possession. 

Police will use circumstantial evidence to try to tie you to the drugs. In the shoebox example, police might look for identification in the room. For instance, they scan bills or mail correspondence for your address. They might take your keys to see if they open the door to the place searched to connect you to the drugs. Also, they might look at the clothing in the closet with the shoebox and try to match the clothing to the suspect. 

 

What Is PWID?

 

PWID is a felony under Pennsylvania drug laws. PWID means that you had the intention to deliver, give, sell, transfer, or provide all or a portion of the drugs to another. The authorities could charge you with trafficking in a drug when you possess a certain amount of drugs with the intent to deliver. Additionally, manufacturing and importing narcotics are also felony offenses.

 

How Do Police Prove You Had the Intent to Deliver?

 

The police use circumstantial evidence to prove you had the intent to deliver. Police look for evidence of intent to deliver such as:

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• The amount of drugs seized;

• whether there were multiple types of drugs seized;

• If you are addicted to drugs;

• The presence of large sums of money;

• Notebooks or other documents used as a ledger to document who still owes money for the purchase of narcotics;

• The presence of a firearm;

• The presence of digital scales, packaging materials like plastic baggies with the corners removed; and

• Any other evidence that tends to show the suspect was dealing rather than using the drugs.

 

People sometimes sell drugs to “feed their habit.” But, some cases are clearer than others. People who have drugs for personal use rather than with the intent to deliver may have empty corners of plastic baggies, no or little money, smaller quantities of drugs, or hypodermic needles. 

Having a lawyer who understands how to defend a drug case will give you the best shot at a winning defense.