When people think of Drug Crimes, one of the last crimes people think of is Theft of Services. drug possession However, Theft of Services is a crime very closely associated with Drug Crimes. Before we explore how and why that is the case, it is helpful to review what the government must prove in order for a defendant to be found guilty of this crime. A person is guilty of the crime of Theft of Services if the accused intentionally obtains services for himself or for another which he knows are only available for compensation. Second, that the services were obtained by the defendant either by deception or threat. And finally, that the deception occurred as a result of either altering or tampering with the public utility meter or measuring device by which such services are delivered so that the public utility would not have knowledge of how much power is being used.
One of the primary defenses raised in Drug Crimes cases is to argue that the police did not have probable cause to stop a vehicle and later search the car for drugs. Intent to Deliver charges Typically, the police claim that they stopped a vehicle because the driver committed a vehicle code violation such as running a red light or not putting on a turn signal before turning. Under Pennsylvania law, the police are permitted to stop a motor vehicle if the driver of the vehicle commits a driving infraction or motor vehicle code violation. One issue that arises in Drug Crime cases is that after the vehicle is stopped the police find drugs in the vehicle. The defendant, through his attorney may challenge the police's basis for stopping the vehicle. If the court finds that the police did not have probable cause to stop the vehicle, then the drugs are suppressed and the case is dismissed by the court. Make sure to contact an experienced Chester County Drug Lawyer at the Law Offices of Kelly & Conte.
One issue that arises in drug crimes, specifically those involving an allegation of the possession of marijuana is, are Medical Marijuana cards a defense to drug crime charges in the state of Pennsylvania. And the answer to this question is sometimes. Recently the Commonwealth of Pennsylvania has approved the medicinal use of marijuana. Intent to Deliver Unfortunately, some criminal defendants take that to mean that they are allowed to drive their vehicle on a roadway in Pennsylvania after ingesting pot so long as the marijuana was prescribed medically. Unfortunately, the law in the Commonwealth of Pennsylvania makes it illegal for any individual to operate a motor vehicle with any marijuana in his system. This is true regardless of whether or not the marijuana was prescribed by a doctor or purchased on a street corner. This is also true regardless of whether the marijuana has any actual effect on a criminal defendant's ability to safely drive his car. The rule regarding DUI and marijuana in Pennsylvania is that a defendant is guilty of DUI so long as marijuana is in the bloodstream of a driver, even if the marijuana is no longer impairing his driving.
One issue that seems to arise in Drug Crimes cases is the issue of Entrapment. Frequently, criminal defendants facing Drug Crimes charges will feel as though the police officers or state troopers entrapped them into committing the crime. Under Pennsylvania law however, that is rarely the case. intent to deliver The general rule of entrapment is that a police officer or a person acting in cooperation with the police (such as a confidential informant), perpetrates an entrapment if for the purpose of obtaining evidence of a crime (such as illegal drugs) he convinces the criminal defendant to commit acts which are part of drug crimes, by either:
One issue that comes up in Drug Crimes cases is whether or not the government Search warrant is valid. The government uses search warrants in Drug Crimes cases to enter a home and seize drugs that they believe exist in the house. Under the Pennsylvania constitution and case law, drug possession the government has to lay out several things in their search warrants:
The Commonwealth of Pennsylvania has very harsh Drug Crimes penalties for individuals that bring drugs into jail. The statute criminalizing these activities can be found in Title 18 section 5123 of the Pennsylvania Crimes Code. Specifically, the statute which is called: Controlled Substance Contraband to Confined Persons states that an accused shall face a minimum mandatory 2 years in state prison if he intentionally brings contraband (drugs) into a prison and delivers those drugs to an inmate. Intent to Deliver drugs The most serious aspect of this charge is that an accused must do a minimum of 2 years in state prison if he is found guilty of this crime or pleads guilty to it in court. The reality with minimum mandatories is that a Judge cannot give a defendant convicted of this crime less than 2 years in prison even if he wants to. As a result of the serious nature of this charge, an accused should immediately consult with an experienced Chester County Criminal Lawyer if he is being investigated for this crime.
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 term that comes up frequently in the realm of Drug Crimes and criminal defense is the term Controlled Buys. intent to deliver narcotics Controlled Buys are the process by which law enforcement uses a confidential informant or an undercover officer to purchase a controlled substance from a suspected drug dealer. The reason that controlled buys are important in the realm of Drug Crimes is because controlled buys are one of the biggest weapons that law enforcement uses to arrest drug dealers. Specifically, a control buy works in the following manner: First, a confidential informant or undercover police officer identify a suspected drug dealer to law enforcement that they believe they can purchase drugs from. Second, the confidential informant contacts the drug dealer on a cell phone and sets up a time to purchase narcotics typically in a public place. Third, the confidential informant is searched by the police to make sure that he doesn't possess any drugs and also to make sure that there are no drugs in the CI's car. Finally, the CI meets the drug dealer purchases drugs and soon after gives the suspected drugs to the police.
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.