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Drug Crimes Archives

Drug Crimes: Corrupt Organization

In Pennsylvania, the General Assembly finds Drug Crimes: Corrupt Organization is a crime implaemented to punish organized crime which the legislature deems is a highly sophisticated and widespread phenomenon. Prison stats Drug CrimesVarious patterns of unlawful conduct including the illegal use of force, fraud, and corruption drain billions of dollars a year from the national economy and accordingly is punishable as Drug Crimes: Corrupt Organization. It is common for the large quantities of money and power accumulated by organized crime to be used to infiltrate and corrupt legitimate businesses in Pennsylvania. This type of infiltration and corruption are an outlet for illegally  and Drug Crimes obtained capital and harms innocent investors, entrepreneurs, merchants and consumers. In addition, it interferes with free competition. Corrupt organizations are a substantial danger to the economic and general welfare of the Commonwealth.

Drug Crimes: contraband

One of the more serious Drug Crimes in the PA crimes code is for the crime of Contraband.  You can be found guilty of drug crimes such as contraband if you aid a convicted person in getting  controlled substances in the prison. A person commits a felony of the second degree if he sells, gives, transmits, or furnishes to any convict in a prison, or inmate in a mental hospital, or gives away in or brings into any prison, mental hospital, or any building appurtenant thereto, read about cocaine crimes here  or on the land granted to or owned or leased by the Commonwealth or the county for the use and benefit of the prisoners or inmates, or puts it in any place where it may be secured by a convict of a prison, inmate of a mental hospital, or employee thereof, any controlled substance included in Schedules I through V of the Controlled Substance, Drug, Device and Cosmetic Act. There is a mandatory minimum that states the defendant shall be sentenced to no less than two years total confinement. Possession of controlled substance contraband by inmates is prohibited. A prisoner or inmate commits a felony of the second degree if he unlawfully has in his possession or under his control any controlled substance in violation of section 13(a)(16) of the Controlled Substance, Drug, Device and Cosmetic Act.

Drug Crimes: Drug Delivery resulting in death

one oof the most serious types of Drug Crimes is the charge of Drug Delivery resulting in death.  In order to be convicted of Drug Crimes such as drug delivery resulting in death, the government must meet several burdens.  Heroin  Under the old statute in Pennsylvania for drug delivery resulting in death, a person commits murder of the third degree who administers, dispenses, delivers, gives, prescribes, sells or distributes any controlled substance or counterfeit controlled substance in violation of section 13(a)(14) or (30) of the Controlled Substance, Drug, Device and Cosmetic Act, and another person dies as a result of using the substance. The mandatory minimum sentence for this offense under the old statute is a mandatory minimum term of imprisonment of five years and a fine of $15,000, or such a larger amount as is sufficient to exhaust the assets utilized in the proceeds from the illegal activity.

Drug Crimes and Reasonable Suspicion

The case of Rodriguez vs. the United States was a landmark drug crimes case decided by the United States Supreme Court in 2015. In the case of Rodriguez vs. the United States, the United States Supreme Court addressed the issue of how long an officer can delay a motorist stopped for a traffic violation so that the officer can call in a canine to search the motorist's car for drugs.  Defending Drug Crimes In the Rodriguez case, the police officer called for a police dog to come and search Mr. Rodriguez's car about seven minutes after the ticket for Mr. Rodriguez was written by the police officer. Justice Ginsburg of the United States Supreme Court stated: "Absent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Constitution's shield against unreasonable seizures." Five other Supreme Court justices agreed with Justice Ginsburg and only three Supreme Court Justices disagreed with her.

Drug Crimes and Addiction

Drug crimes are not just serious charges which can call for extended periods in prison, but they can also take a huge toll on the soul in the form of addiction. Frequently, individuals who are charged with drug crimes such as heroine or prescription drugs are not just casual users of the drugs, but addicts. As an attorney, handling cases such as these is very different than handling the typical criminal case. Defending Drug Crimes  The reason is that the client and typically the client's family is looking for solace from the battle against addiction. As an accused or a loved one accused, there are several things that you should keep in mind when searching for an experienced criminal defense attorney to handle the drug case of an individual fighting addiction.

Defending Drug Crimes

One of the primary way too defend against drug charges is to challenge the manner in which law enforcement seized the drugs. This can be done in several different ways. Defending Intent to Deliver cases First, you can challenge the manner and the basis for which the police stopped the accused's car or person. Second, you can challenge the police officer's decision to search an accused's car or person for illegal narcotics. And finally, you can also challenge whether the police had probable cause to arrest a defendant for either the possession or distribution of illegal narcotics.

Defending the Intent to Deliver (Drugs) Charge

Drug trafficking or distribution in Pennsylvania is referred to as "Possession with Intent to Deliver a Controlled Substance." Possession with the Intent to Deliver narcotics is an extremely serious crime and punishable anywhere from five to twenty years in prison depending upon the type of drug, the amount and a Defendant's prior record. Controlled substances include illegal drugs and narcotics such as cocaine, heroin, marijuana, prescription pills, Molly, PCP etc. If you are being investigated for such a crime or have been charged, it is imperative that you hire an experienced criminal defense attorney immediately.

Chester County Recovery Court

Chester County offers a diversionary court program known as Recovery Court.  This court is available to level 3 and 4 offenders who are drug and/or alcohol dependent.  The benefit of this program is it minimizes jail time the offender is required to serve and provides the offender with long term and highly structured drug and alcohol treatment supervision.

Pennsylvania Superior Court holds that Mandatory Minimum Sentencing Statutes are Unconstitutional

The Pennsylvania Superior Court recently issued a ruling declaring the mandatory minimum sentencing statutes unconstitutional.  At issue in the case of Commonwealth v. Newman was whether the trial court's imposition of a mandatory minimum sentence for a case allegedly involving possession of guns in close proximity to drugs was unconstitutional in light of the recent United States Supreme Court case Alleyne v. United States.  In Alleyne, the USSC held that any fact which triggers the imposition of a mandatory minimum sentence must be submitted to a jury and that jury must find the existence of that fact beyond a reasonable doubt.

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Law Offices of Kelly & Conte
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