NATIONALLY RECOGNIZED FEDERAL LAWYERS
Last Updated on: 1st September 2023, 04:24 pm
In Montgomery County and the rest of Pennsylvania, just as it is in all of the United States, drug trafficking involving possessing a controlled substance with the intention of distributing it. A controlled substance can include any drugs or narcotics that are illegal. In a case involving a person who has been arrested and charged with drug trafficking offenses, the prosecution is required to show beyond a reasonable doubt that the defendant knowingly grew, manufactured or obtained an illegal drug and transported or delivered it to someone else in the county or state, in general.
One thing that is important to note is that the individual does not even have to intend on distributing or delivering the illegal drug or drugs to another person. Even if this occurred and it was not the individual’s intention, they can still be charged and even convicted of drug possession. Generally, this offense is separate from drug trafficking but the same law governs both crimes.
What is Drug Trafficking in Montgomery County and Pennsylvania, in General?
The crime of drug trafficking is specially defined as the selling, distributing, manufacturing and cultivating of a controlled substance. Examples of such substances are cocaine, heroin and LSD. In Montgomery County and Pennsylvania, in general, however, the crime is handled differently than in other places. Sometimes, there may be very little difference between trafficking a drug and possessing it with the intention of delivering it. If the prosecutor cannot prove that the drugs were sold or even delivered, they can instead argue that the defendant had every intention of doing one or both. To that end, the penalties for both crimes are frequently the same.
Penalties and Sentences for Drug Trafficking in Montgomery County
In general, both drug trafficking and distribution of a controlled substance is charged as a felony in Montgomery County and the rest of Pennsylvania. At the same time, there are certain factors that determine the specific charge a person can receive when they are found guilty and convicted of the crime. Those include the type of drug, the amount of the substance found in their possession and the classification of the substance. Usually, drug trafficking is charged as a felony in Montgomery County and the rest of the state of Pennsylvania. A person can also receive federal charges if the drug trafficking carried over state lines. Prison sentences for the crime can be anywhere from a minimum of seven years to a maximum of 20 years. Sometimes, the prosecution may be amenable to a plea bargain in exchange for a lesser charge if the individual pleads guilty or agrees to provide information for a bigger investigation.
In addition to prison time, the individual is also subject to a fine. If they are charged with a misdemeanor offense, they are required to pay a fine of up to $5,000. If a person is charged with a felony offense, they may be subject to a fine of up to $250,000.
Possible Defenses for Drug Trafficking in Montgomery County
There are a number of defenses that can be used in a drug trafficking case in the Montgomery County area or in Pennsylvania, in general. They include the following:
• The defense attorney can argue that the drugs did not belong to the defendant
• The defense attorney can argue that it was a case of entrapment, which would throw the case out
• The defense attorney can argue that there was an insufficient amount of the drug for trafficking charges to stick
• The defense can argue the defendant lacked knowledge
• The defense can argue that the defendant lacked the intent to deliver or distribute the drugs to another person
• The defense can argue that the defendant is a licensed practitioner who can legally distribute the drugs in good faith
Drug trafficking charges are always serious. A person who faces them should always retain an experienced criminal defense attorney to build a strong case against the charges.
Intent to Distribute Lawyers
An intent to distribute charge is a charge related to selling or sharing an illegal drug. Intent to distribute is a more serious charge than possession of drugs because with intent to distribute charges, you’re charged with not only possessing the drug but also with wanting to transfer the drug to others. Intent to deliver is often a serious felony charge. Depending on the type of drug, you may face up to eight years in prison. Our Montgomery County intent to distribute lawyers can help you if you’re facing charges of intent to distribute.
Intent to distribute charges have several elements. The police must prove each step in the case in order for you to be guilty of the crime. For possession with intent to distribute, the police must first prove that you’re in possessionof the drug in question. It’s not enough to satisfy the legal requirements just to be near the drugs. The drugs must be in your control. If the drugs are just near you in a vehicle or in a bag, they may not be in your possession.
In addition, the police must prove that the substance you’re possessing is illegal drugs. It’s up to them to test the sample in a way that’s verifiable. The police must carefully guard the evidence and test it using sound testing procedures. Our Montgomery County intent to distribute lawyers carefully review the process that law enforcement uses to test the substance and guard the evidence in your case. If they make errors, we’re prepared to ask the court to throw out the evidence or instruct the jury appropriately about the police errors.
Law enforcement must show that you intended to distribute the drugs that they claim you possess. They might do that in many ways including by showing that you had elements that are commonly used to sell drugs like a scale or plastic bags. They might try to catch you in the act. Law enforcement might claim that the quantity of drugs that you have is too much for personal use. Refuting the state’s claim of your intent to distribute can be one way to fight back against the charges against you.
Fighting intent to distribute charges
You should begin working with an experienced Montgomery County intent to distribute lawyer as soon as possible after your arrest. Your attorney begins by demanding evidence from law enforcement. Then, they conduct their own investigation in order to determine where law enforcement made errors. Witnesses, law enforcement cameras and even inspection of the evidence can all shed valuable light on the details of your case.
There are things that your attorney can do before your trial date arrives in order to advance your case. You may bring preliminary motions to the court in order to challenge the evidence in your case. A motion to suppress evidence may be appropriate if the police violate your constitutional rights. If the police stop you or pull your vehicle over without having the constitutional grounds to do so, the judge may throw out the evidence that the state wants to use against you. You might also challenge witnesses or and demand discovery if the state isn’t forthcoming during your investigation. Securing a reasonable amount of bond can also help you in the interim period until your case resolves.
Defense lawyers for intent to distribute charges
If you’re facing charges of possession with the intent to distribute drugs in Montgomery County, you’re not alone. Our experienced intent to distribute lawyers in Montgomery County can help you plan your defense and make the best possible decisions in your case. Our team works to build your case for trial, negotiate favorable plea resolutions and challenge the state’s evidence. When you need skilled, determined lawyers in Montgomery County, we’re here to fight for you.
Lawyers for Montgomery County possessions of drugs offenses
Although more communities are taking steps to decriminalize drug possession than ever before, possession of drugs remains illegal in Montgomery County. If you’re charged with possessing drugs in Montgomery County, you face many types of punishment including incarceration, loss of property and fines. A drug charge can keep you from getting a job or even cost you a professional license. Fortunately, an experienced team of Montgomery County possession of drugs lawyers can help you defend yourself and fight the charges against you.
Your defense for a possession of drugs charge in Montgomery County begins right away. You must be brought before a judge in a short period of time. You have the right to bond in most cases. It’s important to demand that law enforcement preserves the evidence. You might ask to inspect the evidence or secure an independent test. When you appear before the judge, they must inform you of the charges against you. An experienced attorney can help you through the arraignment process to make it as manageable as possible.
Defenses for drug possession charges in Montgomery County
Drug possession charges in Montgomery County are based on state law. Possession of a small amount of marijuana for non-medical purposes, or paraphernalia, like a 510 thread battery, is punishable by up to 30 days in jail and a fine. Even though 30 days may not seem significant, any time in jail can seriously disrupt your work and your personal life. In addition, the conviction may stay on your record where other people can find it. You don’t know what the future might bring, and you don’t want a record for simple drug possession to stand in your way.
For other types of drugs, the possible penalties are much more serious than they are for marijuana. If you possess a large quantity of the drug, your maximum penalty may be greater. If you have prior convictions for possessing a drug, your maximum penalty may be greater than if this is your first offense.
When you’re facing a possession of drugs charge, there are many defenses you may assert. You can assert every defense that applies to you. For example, you might defend your case on the grounds that you didn’t know that you had drugs. If a friend stuffs the drugs into your property because they see the police coming, you’re not in possession of the drugs. If you’re driving a vehicle and your friend stows the drugs in the back seat pocket, you may not be in possession of the drugs. Proving possession is showing that you’re in charge of the drugs. The drugs must be in your control in order for you to be guilty of drug possession.
How our Montgomery County possession of drugs lawyers can help
The goal in defending your possession of drugs charges in Montgomery County is to help you reach the best possible outcome for the charges. You might take your case to trial. You might bring a preliminary motion to suppress evidence to ask the court to rule on evidence that might make it difficult for the state to pursue the charges. In some cases, you might benefit from participation in a drug court program. If you qualify, participation in drug court can be a way to reduce your charges significantly in exchange for participation in an intensive, interactive probation program run through the courts.
The purpose of having experienced drug possession lawyers by your side is to help you explore all of the options. There are pros and cons to each course of action. There are often compelling reasons to take your case to trial. There are also often good reasons to accept a plea resolution or participate in a drug court program. You can rely on our experienced attorneys for guidance and direction as you respond to this situation and move past it as quickly as possible.
Our Montgomery County possession of heroin lawyers can help you defend against charges of possession of heroin in Montgomery County. A charge of possession of heroin can be stressful. The legal process can seem daunting. Your freedom may be at risk, and you need to attack the charges in every possible way. Our lawyers for possession of heroin in Montgomery County are determined to help you fight the charges so that you can get back to your life.
Montgomery County Possession of Heroin Lawyers
Although some states are moving to legalize certain types of drugs that have previously been illegal, heroin is still illegal in Pennsylvania in all circumstances. It’s illegal to possess heroin as well as to use it. If you possess only a very small amount of heroin, the offense is a misdemeanor. Larger amounts quickly become more serious. A repeat offense can also result in a longer jail sentence. For a first offense of a small amount, possession of heroin is punishable by up to one year in jail. The court may sentence you to the maximum, or the court may sentence you to less time in jail based on your circumstances. Possession of heroin is illegal under Chapter 25 of the Pennsylvania Code which covers drugs and drug-related devices.
Penalties for heroin possession in Pennsylvania
Conviction of the possession of heroin in Pennsylvania can result in jail time, fines, probation and rehabilitative programs. The larger the amount of heroin that you possess, the larger the potential for fines and jail time is. For repeat offenders, the fine can be as high as $25,000. Dealing heroin is a separate crime, and the penalties for dealing heroin are even more serious than the penalties for simple possession of heroin.
Defenses for possession of heroin in Montgomery County
If you face charges of possession of heroin in Montgomery County, there are steps that you can take to defend yourself against the charges. You should look at the entire interaction with law enforcement in order to find ways to fight the charges. For example, the police may not randomly stop vehicles that are driving down the road. They can’t stop your vehicle just because they know you from a prior arrest. They can’t stop your vehicle just because your vehicle is old or because you’re driving in a high-crime area. Instead, the police must have a lawful reason to stop your vehicle.
Another important defense for possession of heroin charges is the fact that you may not have been possessing at all. If the heroin is in a vehicle with multiple people, the police may not be able to prove who had the heroin. The police must also prove that you aren’t the victim of someone trying to plant the heroin on your person. They must show that the substance is in your possession and control. The police might make assumptions, but assumptions are not proof. You can challenge the case on the grounds that you didn’t have possession of the heroin.
It’s also important to insist that law enforcement keeps a chain of custody of the evidence. If they don’t carefully store the substance in a secure location, it may be subject to tampering. In addition, law enforcement should test the substance using a verified protocol. Too often, law enforcement does careless work and the result is that the proceedings against you are unfair. If law enforcement tries to cut corners, they may not be able to prove the case against you.
Possession of heroin defense in Montgomery County
You have a right to demand a trial by jury for your heroin charges in Montgomery County. There are many possible avenues for defense, and it’s critical to explore them all when you face the serious charges of heroin possession. When you work with our Montgomery County possession of heroin lawyers, you have tough, determined advocates ready to help you exercise your rights.
Montgomery County Possession of Steroids Lawyers
Improving performance as an athlete or bodybuilder is a primary goal, but not everyone who works hard to do this is doing it with honesty. Some people take the easy way out by using steroids to help with their performance despite the fact that steroid use is strictly against the law. Steroids are illegal to the point that some people obtain them from actual drug dealers. This should be enough to tell you that the use of steroids is more than simply frowned upon. However, there are those who will continue to use steroids for personal gain, and possession of steroids is a crime.
If you are arrested and charged with possession of steroids, you must consult with an attorney who can help you with your case. While it might not seem as if this is the most serious crime to charge someone with, you could face jail time, fines, and even a criminal record if you are found guilty and convicted. Steroids might not be the same killer that more hardcore drugs are, but they are illegal. Call an attorney now.
Possession is Serious
If you are arrested and charged with steroid use, your charges could be ramped up to possession with the intent to sell. The simple fact is that one-time use is all it takes to garner an arrest for use of steroids and possession, and you face serious penalties. Many people purchase steroids based on their personal cycle. What this means for you is that you’re buying them for personal use, but your cycle requires a certain quantity of steroids to work effectively. This quantity is just enough for you, and there is not enough to sell or share. However, the quantity is large enough that your possession charge could be upgraded to possession with the intent to sell because of the quantity.
Penalties for Possession
Your best hope, if you are arrested and charged with possession, is that you are a first-time offender with no history of criminal activity. If you are arrested for the first time, you may find that the court might be more lenient with you. If you are a repeat offender, you might find that the court is not as lenient. You will not be given the lighter sentence the second time around.
You could face up to one year in jail and a fine of as much as $1,000 as a first-time offender. If you are a first-time offender who is arrested and charged with intent to sell your steroids to others, you could face as many as five years in jail as well as $15,000 in fines to pay.
What to Do If You’re Arrested
The first thing you must do when you are arrested and charged with possession of steroids is to call a reputable drug attorney. Do not speak to the arresting officer once you’ve been read your rights. You are not required to speak to anyone, but you must also be polite and respectful. Do not say anything, but do not act aggressively or be rude in any way. Once you’re able to call your attorney, make the call. Your attorney will speak to you and for you, and that’s the best hope you have of being able to have your charges either dropped or reduced.
Your attorney is familiar with the law, and they can help you with your charges by ensuring all of the proper procedures were followed during your arrest and search. If you were driving in a car with someone else, they can argue you didn’t know the drugs were in the car. There are many defenses you can use, but you must call an attorney to help you with your case before it goes to court. You have a chance to win this case and keep your criminal record clean, but only if you call your attorney right away.
Montgomery County Possession of Cocaine Lawyers
Being found in possession of any amount of cocaine will usually lead to you getting arrested and being charged with possession of cocaine. Drug possession charges are no laughing matters. They are quite serious and come with severe penalties if you’re convicted of them. Pennsylvania has some of the harshest penalties for those convicted of drug crimes, so if you’ve been charged with possession of cocaine in Montgomery County, you need to seek out legal representation as soon as possible.
Penalties for Possession of Cocaine
Cocaine is classified as a Schedule I drug, which basically means that it’s a drug that is not recognized for having any medical value. On the contrary, it is a type of drug that’s been rated to have a high addiction rate, so there is no amount of cocaine that’s legal to possess. Even being found in possession of a minute amount of cocaine for personal use purposes is against the law.
Under Pennsylvania law, if you’re convicted of being in possession of cocaine, you’re looking at up to a year in prison and up to $5,000 in fines. That is only if it’s your first offense. If you’ve been convicted of a drug-related crime in the past, then your penalties will be more severe than this, depending upon the circumstances surrounding your case. In some instances, the charges could be amplified to possession with intent to distribute if you’re found to be in possession of a large amount of cocaine.
While these are the primary legal consequences, there are of course other consequences that you’ll likely have to deal with if you’re convicted of possession of cocaine. For instance, you could end up losing your job. Many employers have a zero tolerance policy regarding drugs, so if you’re convicted of being in possession of them, you could be fired. On the other hand, if you don’t currently have a job and was looking for one, then your job search could be negatively impacted since many workplaces hesitate to hire someone who’s been convicted of a drug crime.
Your relationships with others could also be affected to. Some people won’t date you when they find out about your criminal history, and some friends and family members might choose not to associated with you either. A lot of stigmas are associated with being convicted of possession of cocaine, so fighting your charges is of the utmost importance.
Fight Your Charges With a Lawyer
A criminal lawyer who’s experienced with dealing with drug crime cases can help you navigate through the court process. A criminal lawyer knows the laws and what your rights are, and they can help ensure that you receive a fair court hearing and that your rights aren’t violated.
When you contact a criminal lawyer with your possession of cocaine case, the first think that he or she will likely do is ask you a series of questions about the events leading up to your arrest. They’ll also look at any paperwork or supposed evidence that the State has assembled in an attempt to determine whether or not the arrest itself was lawful. If your lawyer can prove that the police office arrested you without probable cause, then everything else, including the evidence of cocaine, is inadmissible in court, which means that your case could be dropped entirely.
However, if your lawyer can’t prove that the arrest was, in fact, unlawful and it looks like you are going to be convicted of possession of cocaine, then your lawyer can at least work with the prosecution to attempt to mitigate the damages incurred. For instance, sometimes the court will agree to lower the amount of incarceration time you must serve if you’ll agree to enroll in a drug education and treatment program.
One thing is sure. You don’t need to go into the courtroom without legal representation. A lawyer can help ensure that you are treated fairly.