Possession with the Intent to Deliver
In most cases, being in possession of an illegal substance is enough to get you charged with a misdemeanor offense that could land you behind bars for a short period of time. However, if the arresting officer finds you in possession of drugs and determines that you intended on selling or delivering them to someone else, you can be charged with a felony, which will substantially increase the potential penalties you face.
From the moment you are arrested, law enforcement will want you to interview you, record your statements, and try to get a confession. Consult with an experienced drug crimes defense attorney in order to ensure that you are making informed legal decisions, and protecting yourself against self-incrimination.
Possession with the Intent to Deliver Attorney in West Chester
If you have been accused of being a drug dealer in Southeastern Pennsylvania, Norristown, Willow Street, Downingtown, Coatesville, Exton, or the surrounding areas, contact Ciccarelli Law Offices. The attorneys at Ciccarelli Law Offices operate under the belief that a team of attorneys can do much more for you than a single attorney. By surrounding you with a team of defense lawyers, Ciccarelli Law Offices can be sure that your case is being given the time and attention it deserves.
Contact Ciccarelli Law Offices today at (610) 719-3200 to set up a consultation on your possession with intent to deliver charges. With offices located in Malvern, Radnor, King of Prussia, Plymouth Meeting, Philadelphia, Springfield, Kennett Square, Lancaster, and West Chester, Ciccarelli Law Offices is able represent clients throughout the greater Philadelphia Region, contact us today and let us fight for you.
Pennsylvania Possession With Intent to Deliver Info
According to the Pennsylvania Controlled Substances, Drugs, Device, and Cosmetic Act, to deliver means to transfer or attempt to transfer something from one person to another. In Pennsylvania, you don’t have to actually succeed in the delivery of the drugs in order to face charges. You can be charged with possession with intent to deliver if you are found with drugs in your possession that law enforcement determined you intended to deliver to someone else.
In order to make that determination, law enforcement officials use a variety of factors including:
- How the drugs were packaged
- If there were weapons found in close proximity to the substances
- Unusual amounts of cash found with or near the drugs
- Equipment such as scales, bags, or containers found with the drugs
- If the amount of drugs found was too substantial to be consistent with personal use
The outcome of many drug related cases usually depend on how well the prosecution is able to prove that the defendant knowingly and intentionally possessed drugs and either sold or intended on selling them. In order to give yourself the best chance of avoiding jail time, hire a West Chester drug defense lawyer who can apply his resources to weaken the prosecution’s case against you.
The penalties associated with possession with intent to sell charges depend largely upon the type of drug that was involved in the offense. In Pennsylvania, each drug is classified into a schedule based on how dangerous or addictive the drug is. The schedules range from one to five, with the drugs in Schedule one being considered the most dangerous, and the drugs in Schedule five being the least dangerous. An explanation of each schedule is as follows:
Schedule I – Drugs that are highly addictive and are very likely to be abused are categorized in this schedule. Drugs in this schedule have no accepted medical use in the United States. Heroin, Mescaline, Marijuana, Synthetic drugs, LSD, and Opiates are some commonly used drugs from this schedule.
Schedule II – This schedule includes drugs that have some medical use, but have very strict limitations and restrictions due to their high likelihood of being abused. Commonly used drugs from this schedule include Cocaine, Methamphetamines, Methadone, and Opium.
Schedule III – These drugs have accepted medical uses and have a moderate potential for abuse. Anabolic steroids are the most commonly used drug from this schedule.
Schedule IV – Drugs in this schedule have many accepted medical uses and have a lower potential for abuse. Popular drugs from this schedule include Xanax, Valium, and other prescription drugs.
Schedule V – These drugs are believed to have the least potential for abuse, and have a variety of medical uses. Drugs in the schedule typically contain small amounts of opiates, as well as other active medical ingredients.
If an individual is charged with possession with intent to deliver any drug in Schedule I or II that is a narcotic drug (the product of an opiate or chemical synthesis), he or she faces up to 15 years in prison along with a fine of up to $250,000. For drugs such as methamphetamines, PCP, or cocaine, the potential punishments include up to a 10 prison sentence and up to $100,000 in fines.
For other controlled substances defined in Schedule I, II, or III, a conviction will result in up to five years behind bars and up to a $15,000 fine. If the drug is in Schedule IV, the offender can be sentenced to up to three years of imprisonment and ordered to pay a fine of up to $10,000. For drugs in Schedule V, the individual can face up to a year in jail and a fine of up to $5,000.
Fighting to Protect your Freedom and Future
If you are facing charges for possession with the intent to deliver in Lancaster County, Montgomery County, Chester County, or Delaware County, your freedom is undoubtedly at risk. Contact Ciccarelli Law Offices, and put your freedom in the hands of an experienced team of defense attorneys, who will work around the clock to ensure your defense is adequately prepared.
Call us today at (610) 719-3200 to set up a consultation on your drug dealing charges. Your consultation is an important part of developing your defense, and it is the first step in the fight to protect your future.