Until Title 35 of the Pennsylvania Consolidate Statutes entitled Heath and Safety one can find the Drug Act and Drug Crimes in existence in the Commonwealth of Pennsylvania. The most serious of the Drug Crimes which a person can be charged with under Title 35 is found in section (30) which deals with the Delivery or Intent to Deliver a controlled substance to another person. Cocaine Crimes The language under section 30 essentially states that Except as authorized by this act, the delivery, or possession with intent to deliver a controlled substance to another person (such as marijuana, cocaine, heroin or even a prescription medication is a Felony.
Drug Crimes Marijuana. Marijuana use and possession are Drug Crimes and illegal in many different states across the United States, including Pennsylvania. It is a crime to possess both large amounts for the purpose of distribution or small amounts for personal use. Under the Pennsylvania Controlled Substances, Drug, Device and Cosmetic Act, a "small amount of marijuana" is 30 grams or less of marijuana and 8 grams or less of hashish. Just because the cocaine crimes amount of marijuana found on your person is less than 30 grams does not mean you are not able to be charged with possession with intent to deliver, a much more serious offense. If it is under 30 grams of marijuana, a way for the court to determine if it is for sales is by assessing factors such as whether the marijuana was individually packaged and if you are not found in possession of paraphernalia to indicate personal use. Possession of a small amount of marijuana for personal use is an offense that is taken seriously in Pennsylvania.
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.
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.
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.
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 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.
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.
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 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.