One of the most common Drug Crimes in the Commonwealth of Pa is the crime of Possession of a drug with the intent to deliver. Drug crimes can range from simple possession of a controlled substance to possession with intent to deliver (PWID). Under title 35 of the health and safety act, PWID is a felony and carries with it substantial penalties if convicted. meth crimes In order to be charged under this statue, the Commonwealth needs to establish that there are a number of different factors in play that would bump the charge up from simple possession to PWID. Because it is really hard to prove exactly what someone’s intentions are, these factors are usually based on circumstantial evidence. For instance, the amount of the drug found in possession is a key factor. The threshold amount for the charged to be upgraded varies from drug to drug. In the case of marijuana, anything more than thirty grams can bump up the charge to PWID. For cocaine, the threshold amount is two grams and above. For heroin, the threshold amount would be just one gram. As the amounts go higher and higher above the threshold, the harsher and lengthier the prison sentences become.
Another circumstantial factor in Drug Crimes cases that can bump up the charge Possession of a drug with the intent to deliver is the presence of a weighing scale. This is because it is typical of drug dealers to weigh out and individually package the drug in different quantities to make the transaction between the dealer and customer as smooth as possible. Possession of a narcotic Speaking of packaging the drug, that is another factor that police and prosecutors look at. If the drug is packaged in individual baggies in quantities that typical users of that drug buy, that could indicate to the police and prosecutors that the person had the intent to deliver the drugs and was not personally using the drug. Due to the fact that the difference between a simple possession charge and an upgraded charge of PWID is typically based on circumstantial evidence, it is important to have an experienced defense attorney that can help sift through the arguments made by the prosecutors and come up with rebuttal arguments. The attorneys at the Law Offices of Kelly and Conte are excellent defense lawyers that have experience with drug related cases and will help you resolve your case with the best possible outcome based on your individual circumstances.