Possession with intent to deliver drugs is a serious crime in Pennsylvania. If you are found guilty of this offense, you might face a long prison sentence and substantial fines. Long after you have discharged your sentence, the consequences of a conviction can continue to haunt you.
People with PWID convictions on their records may have trouble finding employment and housing. They may also be ineligible for federal financial aid to pay for higher education. If you are facing a charge of possession with intent to deliver, you should talk to a criminal defense lawyer at DiCindio Law as soon as possible.
What Is Possession With Intent To Deliver?
Possession with intent to deliver drugs is prohibited under 35 Pa. CS 780-113(30). Under this statute, you can be arrested for PWID if the police found that you possessed a number of illegal drugs that they believe are more than you would have had for personal use.
You can also be charged if a police officer saw you selling illegal drugs or found other evidence that they believe demonstrates that you are in the business of selling drugs, including scales, baggies, and cash.
Finally, you can be charged with PWID if the police allege that you gave away illegal drugs to your friends for free.
Searches And Illegal Drugs In Chester County, PA
Police officers normally need to obtain search warrants before they can search for drugs in your yard or home. To get a search warrant, an officer must write an affidavit that is supported by probable cause that drugs will be found during the requested search.
A judge will review the affidavit, and if he or she believes it is supported by probable cause to search, he or she will issue an order allowing the search. Law enforcement officers can then give the search warrant to the property’s owner to demonstrate their right to enter, conduct a search, and seize any evidence.
Police officers can only search your home without a warrant if one of the following exceptions apply:
- Consent is given.
- An emergency exists.
- Drugs are in the officer’s plain view.
Warrantless searches that do not meet one of the exceptions to the warrant requirement are illegal. An attorney can challenge an illegal search to try to suppress the evidence so that it cannot be used against you in court. If police officers come to your home without a warrant, you should not talk to them. Instead, tell them to get a warrant before they return, and call a criminal defense attorney at DiCindio Law.
If the police do have the warrant to search your home, you cannot stop them from entering and searching. Do not answer any questions. If you are arrested, assert your right to remain silent and ask for a criminal defense lawyer.
When police officers learn about alleged drug sales activities, they sometimes place people under surveillance. Surveillance activities might uncover a significant amount of information, including recorded phone calls, intercepted text messages, and other types of evidence.
Confidential informants might also be used to secure evidence of drug sales. While surveillance evidence can seem overwhelming, an attorney can review it to look for inconsistencies. In some cases, surveillance evidence that was gathered illegally can be suppressed.
What Are The Penalties For PWID In Chester County, PA?
In Pennsylvania, a PWID conviction is a felony unless it is for a Schedule V drug. In that case, it is a misdemeanor. A first conviction for possession with intent to deliver drugs will result in a suspension of your driving privileges for six months. If you have a second PWID conviction, you will lose your license for one year. If it is the third conviction, you will lose your driving privilege for two years.
People with PWID convictions are also ineligible for federal student aid to attend college. Drug convictions can also harm your custody rights for children and hurt your prospects for finding housing or employment.
The penalties for a PWID conviction will depend on the type of drug, its amount, and the classification of your offense. Your criminal history and the circumstances will also be important.
If you are convicted of first-degree felony PWID, you will face up to 20 years in prison and a fine of up to $25,000. A second-degree felony conviction may result in up to 10 years in prison and a fine of up to $25,000. A third-degree felony PWID conviction can result in seven years in prison and a fine of up to $15,000. Finally, a first-degree misdemeanor PWID conviction can result in up to five years in prison and a fine of up to $10,000.
Before you can be convicted of possession with intent to deliver drugs, the prosecutor must prove that you possessed a controlled substance without a valid prescription. The prosecutor must show that you intentionally or knowingly had the illegal drug in your possession and that you knew that they were illegal and there. You must also have had constructive or actual possession of the drugs.
How Do I Find A Criminal Defense Attorney Near Me?
If you are facing charges of possession with intent to deliver drugs, you should retain an experienced drug defense lawyer as soon as possible.
Michael DiCindio is an experienced criminal defense lawyer who understands how to defend against PWID allegations. Call (610) 430-3535 today to request a consultation with DiCindio Law so that you can learn more about your options.