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- Juvenile Criminal Defense
- Murder and Manslaughter
- Offenses Committed on Federal Lands
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Northeastern Pennsylvania Drug Charges Attorneys
Marijuana charges, drug possession and other controlled substance charges in Pennsylvania.
When you are facing drug charges in Northeastern Pennsylvania, life as you know it will change forever. There are countless penalties that will affect your life depending on the seriousness of your charges. Some penalties include thousands of dollars in fines and years in jail.
Therefore, if you have been charged with a drug-related crime or are under investigation, it is time to contact the knowledgeable Scranton drug charge lawyers at Mazzoni Valvano Szewczyk & Karam. We have experience handling drug cases throughout Northeastern Pennsylvania, and extensive knowledge of the legal system in our area. Our attorneys know what it takes to defend those facing drug charges that could potentially ruin their life.
Drug Charges in Pennsylvania & Common Cases For Drug Charge Lawyers
Most drug charges in Pennsylvania violate either state or federal laws involving drugs classified as controlled substances. The most common drug charges involving controlled substances include marijuana charges, drug DUI, drug possession, drug manufacturing, drug distribution, and drug trafficking.
However, the criminal justice system can make these charges seem confusing to those convicted. The smallest mistake in your case could cost you your freedom, along with straining your relationship with family and friends.
Classes of Drugs
Firstly, understand that in Pennsylvania, there are five classes or schedules of drugs that are illegal to possess:
- Schedule I: Includes drugs that have a high potential for abuse. Examples include marijuana, cocaine, and heroin.
- Schedule II: Includes drugs that have a high potential for abuse but have an accepted medical use. Examples include OxyContin, methamphetamine, and methadone.
- Schedule III: Includes drugs that have a high psychological dependence or moderate physical dependence. Examples include Vicodin, anabolic steroids, and ketamine.
- Schedule IV: Includes drugs that have an accepted medical use and limited psychological/physical dependence. Examples include Xanax, Valium, and Ambien.
- Schedule V: Includes drugs that currently have medical use and limited psychological/physical dependence relative to Schedule IV. Examples include Lomotil, Lyrica, and cough medicines such as Robitussin AC.
In conclusion, the class of drug that led to your conviction determines your jail time, the number of fines, and other penalties you face.
Pennsylvania Opioid Drug Charges
In 2018, 65% of Pennsylvania overdose deaths were due to opioid drug usage. With opioids making national headlines as a result, states have come to create their own legislation for the highly addictive and dangerous narcotics.
So, this has led people to commonly associate the current opioid crisis in Pennsylvania with the common drugs:
- Heroin
- Fentanyl
- Carfentanil
- Oxycodone
- Codeine methylbromide
- Morphine
Pennsylvania drug laws follow the federal classification system of drugs under the U.S. Controlled Substances Act in addition to state laws. This means if the court finds you guilty, you’ll face federal and state drug charges for possession, trafficking, etc
Possession with Intent to Distribute
While all drug charges lead to extreme penalties, charges stemming from distribution and manufacturing are the sternest. Pennsylvania’s PWI (possession with intent to distribute) statute criminalizes possession with the intent to distribute any of the controlled substances found in Schedule I through Schedule V.
The prosecution will try to prove “possession with the intent to distribute controlled substances” using the different circumstances surrounding the presence of those substances near or on your person or property. The following evidence can prove intent to distribute:
- Guns and other weapons
- Multiple cell phones
- Packaging materials
- Scales
- A large amount of cash
- A large number of drugs/narcotics
It’s a felony charge if the prosecution proves that you grew or manufactured the drugs or other controlled substances.
The Police Make Mistakes
Furthermore, a drug arrest needs to be lawful and merited for it to hold up in court. Did law enforcement have probable cause to search or detain you or have the warrant to search your premises? Did you consent to search your vehicle?
These are important questions, and consequently, the answers to them will determine your fate. Mistakes that police officers commonly make in drug charge cases can include forgetting to read you your Miranda rights, asking you questions without the presence of a lawyer when a lawyer was requested, illegal searches, improper investigations, and entrapment. Subsequently, any one of these mistakes can go a long way toward helping your case.
Potential Defenses to Drug Charges
There are other defenses against a charge aside from or in addition to proving law enforcement made a mistake. One of the following defenses may be applicable to your case against your drug charge:
- Lack of knowledge or intent — You can only be convicted of possession of a controlled substance if you intentionally and knowingly were in possession of the drug. If you did not know the drug was in your possession, you have a defense.
- Small quantity of the drug — If the drug amount in possession is small, it may not be covered by drug laws.
- The controlled substance was not yours.
- A legal reason for the controlled substance — In Pennsylvania, if you’re a licensed or registered practitioner permitted to be in possession of the controlled substance or have a doctor’s order or prescription for the substance, you cannot be charged with the crime.
Our NEPA Drug Charge Lawyers Can Help You
Mazzoni Valvano Szewczyk & Karam will use all our resources to get your drug charges dismissed or reduced. In addition to that, we’ll get evidence excluded from the hearing that could affect your freedom. Our attorneys have resolved a wide array of drug crimes throughout Northeastern Pennsylvania.
When dealing with a drug crime, the time to act is now and not later. If this is your first offense, there may be ways to prevent you from having a criminal record. Contact our firm today for a free consultation. We look forward to securing your justice.
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Contact Scranton NEPA Lawyers
Mazzoni Valvano Szewczyk & Karam
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