Drug Crimes are crimes related to the possession of illegal narcotics which are generally graded as misdemeanors and also the sale of illegal narcotics which are graded as felonies. It goes without saying that felonies are more serious than misdemeanors. Drug Possession charges Additionally, the amount of jail time that an accused could be facing in regard to a felony charge is directly determined by the amount of drugs that the defendant was trying to sell at the time he was arrested. The larger the amount of drugs that the defendant was trying to sell, the greater the amount of jail time he is facing. Make sure to consult with an experienced Drug Crimes attorney about what can be done to challenge the evidence against you not only in the form of a suppression motion, but also in terms of arguing that the accused possessed drugs for personal use and not for sale.
Title 18 section 911 makes it illegal for a criminal defendant to be part of a corrupt organization. Drug Crimes such as corrupt organization was legislated in Pennsylvania because the legislatures believed that there was a very serious problem in the Commonwealth combating organized crime. As a result of the Drug Crimes being committed by organized crime, the PA legislature drafted the statute of Corrupt Organization. drug crimes Although this statute doesn't specifically combat drug crimes, drug crimes seem to be the primary crimes that this statue has been used against by both District Attorney's Offices and the PA Attorney General's Office. The crime of corrupt organization is a very serious one. It is graded as a felony of the first degree and therefore punishable by a maximum of 20 years in state prison and a $100,000 fine. Make sure to contact the experienced drug crime attorney's at the Law Offices of Kelly & Conte if you have been charged with or are being investigated for having committed this crime. As former prosecutors, we are very experienced in handling these types of matters.
One of the more serious Drug Crimes that a criminal defendant can face is the criminal charge of Dealing in Proceeds of Unlawful Activities. This crime is one of the most serious Drug Crimes and graded as a felony of the first degree and therefore punishable by up to 20 years in state prison and a $100,000 fine. Although not specifically a drug crime, heroin crimes Dealing in Proceeds of Unlawful Activity is frequently used by the government to prosecute drug dealers who are hoarding cash that they receive from drug transactions. This crime can also be used to prosecute individuals charged with non drug crimes such as theft of services and other theft or burglary crimes so long as they try and conceal or disguise the money that they are getting from the crime.
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.
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.
In Pennsylvania, in drug crimes and DUI the Commonwealth was required to call the lab technician to testify to the fact that the item seized or possessed was a controlled substance, and specify the weight of the controlled substance, or testify to the amount of alcohol or controlled substance in someone's blood while operating a motor vehicle.