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Drug Offenses

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Drug investigations may at times revolve around personal use, but other times, they may involve the intent to distribute.  In delivery cases, the government typically relies on evidence such as expert opinions, search warrant/court-ordered searches of communication devices, confidential informants, undercover officers, and potentially co-defendants.  Many of these types of evidence can be challenged.  For example, a confidential informant may be dishonest due to his/her need to “curry favor” (trying to help himself/herself in exchange for a lesser sentence or charge) with the government in his/her own case or a search warrant may be “stale” or “overbroad.”  In the case of smaller personal possession matters, diversionary/treatment courts may be an option to leave you without a conviction and to help you achieve sobriety.

If you or a loved one has been charged with a crime in Pennsylvania, contact Mike DiCindio, Esq today at 610.220.4691!

Possession with Intent To Deliver (PWID)

I’ve been Charged with Possession with Intent to Deliver (PWID) In Chester County, PA…

Possession with Intent to Deliver is often referred to as PWID in Pennsylvania courtrooms. This crime involves the manufacture, delivery (sell or otherwise) or possession with the intent to do either of those things, of drugs. Often, these cases can involve legal drugs that are possessed without a valid license. PWID cases may also involve an undercover officer or a confidential informant. In other situations, it may be the total weight of the drugs/number of pills that supports this charge. In others, circumstantial evidence with the drugs – the way the drugs are packaged and the presence of large amounts of money or scales or any other items that are linked to drug dealing –may support the charge. Our goal in this matter is typically centered around one of two things. 1. Showing that the drugs were not possessed with the intent to deliver and 2. Showing that it was not you who actually possessed the drugs. Obviously, there will be other defenses and circumstance-dependent arguments, but these are two main areas of legal defenses. If there are confidential informants involved, we will need to investigate why they are aiding the prosecution and determine whether or not their credibility may be impeached because they are gaining a benefit from the Commonwealth from helping to prosecute you. Also, we will evaluate and potentially challenge any searches, search warrants or stops and arrests that led to the government finding controlled substances.

These cases can be very large in scope and may involve many co-defendants or cooperating witnesses (co-defendants or otherwise). Which means many people involved may have reason to lie and implicate you in order to help themselves. Every witness and every action by law enforcement must be meticulously reviewed and analyzed before determining whether or not a trial is the best option for you. Finally, while you may not always be eligible with these charges, in some cases if there are any drug dependencies that you may have, we will also determine whether a treatment court is an option that you may have. Read More

(a) The following acts and the causing thereof within the Commonwealth are hereby prohibited

Except as authorized by this act, the manufacture, delivery, or possession with intent to manufacture or deliver, a controlled substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, or knowingly creating, delivering or possessing with intent to deliver, a counterfeit controlled substance.

Possession of a Controlled Substance

I’ve been Charged with Possession of a Controlled Substance In Chester County, PA…

In Pennsylvania you are not permitted to possess a controlled substance without a prescription. Some cases involve illegal narcotics and drugs such as heroin, cocaine, LSD, etc. There are other times when an otherwise legal drug is possessed by someone without a valid prescription. For example, Xanax, Ambien, Oxycodone, etc. First, we need to evaluate the mode and manner of the possession and whether or not the Commonwealth has the ability to show you intended to possess the drug and exerted control over it (in cases where it is not directly on your person). Next, we need to determine if there are any legal reasons that you may have possessed the drug. Finally, we will need to evaluate whether law enforcement obtained the drug evidence off you in a constitutional manner.

All of these issues will help us to determine if you have a valid constitutional claim or legal issue for trial. If not, we will begin to negotiate the matter in order to mitigate the potential change and sentence in order to minimize the impact on your life and future. If there are any drug dependencies that you may have, we will also determine whether a treatment court is an appropriate avenue that you may be eligible for.

(a) The following acts and the causing thereof within the Commonwealth are hereby prohibited

Except as authorized by this act, the manufacture, delivery, or possession with intent to manufacture or deliver, a controlled substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, or knowingly creating, delivering or possessing with intent to deliver, a counterfeit controlled substance.

Marijuana Offenses

I’ve been Charged with Marijuana Offenses in Chester County, PA…

Despite the major changes in the law with respect to legal, prescribed medical marijuana and our society’s increased acceptance of this drug in recent years, it is still illegal in Pennsylvania. If you do not have a valid prescription or if you do have a prescription but are using the drug in a non-permitted form or manner of ingestion you can still be arrested and charged with possession of marijuana. Often times we will be able to negotiate a lower charge in these matters that will likely not impact your future. Depending on the amount of marijuana possessed diversionary court options or agreements may offer you an option to not have misdemeanor (or any) conviction on your record.

(a) The following acts and the causing thereof within the Commonwealth are hereby prohibited

Except as authorized by this act, the manufacture, delivery, or possession with intent to manufacture or deliver, a controlled substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, or knowingly creating, delivering or possessing with intent to deliver, a counterfeit controlled substance.

Possession of Drug Paraphernalia

I’ve been Charged with Possession of Drug Paraphernalia In Chester County, PA…

Drug paraphernalia offenses may accompany drug possession charges, or they may be charged separate and apart. Virtually anything used in conjunction with an illegal drug can be considered drug paraphernalia. A few common examples include baggies to store drugs, needles to inject drugs, bowls to smoke, scales to weigh and many more. Often there may be a legal/no-criminal explanation for drug paraphernalia. For example, possessing needles in order to inject insulin rather than to inject and illegal drug. All of the potential legal uses of the claimed drug paraphernalia must be evaluated and explored before determining if you have any argument against the object actually being drug paraphernalia or not.

(a) The following acts and the causing thereof within the Commonwealth are hereby prohibited

Except as authorized by this act, the manufacture, delivery, or possession with intent to manufacture or deliver, a controlled substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, or knowingly creating, delivering or possessing with intent to deliver, a counterfeit controlled substance.

Contact Mike DiCindio Law today if you have been charged with any of the above listed crimes.
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