Charged With Drug Possession?

The laws in Pennsylvania regarding drug possession are known for being harsh, and mandatory minimum penalties are often imposed upon those individuals convicted of this offense. Even for simple drug possession charges, such as those involving smaller quantities of marijuana, a person could face the loss of their driver's license for at least 6 months, which could be very hard to deal with, especially for those whose livelihood depends upon their ability to drive.

If you have been charged with drug possession in Scranton or Wilkes-Barre, you need to take this type of offense very seriously, for it has the potential to significantly affect your life. To give yourself the best shot at overcoming drug possession charges, we suggest you speak to an attorney at our firm.

Searching for a Lawyer for a Drug Possession Case in Scranton?

There are countless defenses that can be made in order to cast doubt on the arguments of the prosecution. Some would include showing that you lacked intent or lacked knowledge of being in possession of the drugs. You can also argue that there was an insufficient quantity of the drug to be considered drug possession.

The drugs could be prescribed to you or you could have a license to have the drug. Your attorney can make the argument that there was an unlawful search and seizure or there was the existence of entrapment or duress in your case. It is important to make all possible defenses in your case to avoid the serious penalties.

Penalties for drug possession charges can be found in Pennsylvania Health and Safety Code, Title 35, Section 780-113. The specific consequences will depend on the type of drug, the amount and the defendant's criminal record.

The Penalties for Drug Possession Include:

Less than 30 grams of marijuana:

• Up to 30 days in jail
• A fine of up to $500

More than 30 grams of marijuana:

• Up to one year in jail
• Up to $5,000 in fines

First offense simple possession of other drugs:

• Up to one year in jail
• Fines of up to $5,000

Second offense simple possession of other drugs:

• Up to two years in jail
• Fines of up to $25,000

The penalties continue to increase for each offense and they can also be greater if there was intent to deliver the drugs in possession. To discuss your drug possession case, contact a drug lawyer in Scranton, PA. Fight against your drug crime charges by teaming up with Rogan Law right away!

What Are the Defenses for Drug Possession?

Several potential defenses may be available to those facing drug possession charges. Each case is unique, and the strategy will depend on the specifics of the situation. However, some of the most common defenses include:

• Unlawful Search and Seizure: The Fourth Amendment protects against illegal searches and seizures. If law enforcement conducted a search without a valid warrant or probable cause, any evidence they collected may be inadmissible in court. An attorney can challenge the way the drugs were found, potentially leading to the dismissal of the charges.
• Lack of Possession: To convict someone of drug possession, the prosecution must prove that the accused had control over the drugs. If the drugs were found in a shared space or in someone else’s possession, it may be difficult for the prosecution to prove that the drugs belonged to the defendant.
• Entrapment: If law enforcement officers induce someone to commit a crime they would not have otherwise committed, entrapment may be used as a defense. This can apply if the defendant was coerced into possessing or distributing drugs by undercover officers.
• Lack of Knowledge: A successful defense can also arise if the defendant was unaware they were in possession of the drugs. For instance, if someone unknowingly borrowed a vehicle or bag containing illegal substances, they may not be held responsible for possession.

By exploring these and other defense strategies, a skilled attorney can work to protect the rights of the accused and seek the best possible outcome in their case.

How a Scranton Drug Attorney Could Help You

Need a lawyer for drug possession in Scranton? Our team will do everything within their power to disprove prosecuting arguments. All aspects of your case will be examined by your attorney, including the arrest procedures and investigative methods used by police and investigators in your case. Sometimes glitches in procedure and rights violations on the part of police and investigators can make evidence invalid, leading to a dismissal of drug possession charges.

If your attorney finds any window of opportunity to have your drug possession charges reduced or dismissed, they will take the necessary legal action to do so.