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.
Many courts have diversionary programs which permit criminal defendants to have the charges against them withdrawn so long as they complete and comply with certain conditions. One of these types of diversionary programs is the Lancaster County Drug Court Program which permits defendants to go on it if they are accused of certain drug crimes. Heroin Lancaster County is located west of Chester County and has one of the more stringent law enforcement programs and justice systems in the state. Despite this, Lancaster County has an excellent Drug Court Program. Drug Court is a program which enables criminal defendants charged with crimes related to drug use, such as possession or even the delivery of narcotics to another, to go on a period of probation for about two years and have their charges withdrawn so long as they perform certain tasks. These tasks typically are attending Alcoholics Anonymous meetings or narcotics Anonymous meetings, stay clean, comply with testing and report in with a probation officer as directed.
Title 18 Section 7512 in the Pennsylvania Crimes Code addresses Drug Crimes and specifically the criminal use of a communication facility. A communication facility is defined as any public or private instrument such as a phone, radio, wire, mail, or any electromagnetic, photoelectronic, or photo-optical system that is used to transmit any sort of sign, signal, cocaine crimes writing, image, sound, data, or any intelligence that can help commit, further, or facilitate the attempt or commission of a felony crime under The Controlled Substance, Drug, Device, and Cosmetic Act. Every occasion in which a communication facility is used constitutes a separate offense. Although the offense may not seem like it is very serious, it can carry a huge penalty to the offender
You don't read much about Marijuana Grow House's as Drug Crimes in Pennsylvania it seems, as a result of the discussions surrounding the impending legalization of marijuana. Marijuana Grow House's generally refer to homes which are in existence for the sole purpose of growing marijuana. Typically, people operating out of grow house's produce the marijuana for the purpose of selling it. The penalties associated with Drug Crimes such as possessing and/or selling marijuana are serious. Drug Crimes and Recovery Specifically the Drug Crime of Manufacturing and/or distributing marijuana or possessing marijuana with the intent to sell it or give it to another person is graded as a felony. A conviction for this crime can bring about a stiff penalty which is based on the amount of marijuana that is sold or being grown. Fines for a conviction for this crime can range from $5,000 to $25,000 and jail time can reach up to 10 years in prison if the accused has been convicted before of a felony drug crime. Make sure to consult with an experienced Drug Crimes attorney if you are being investigated for operating or residing in a grow house in Pennsylvania.
One of the biggest issues in Criminal Defense are Drug Crimes and Recovery. Frequently, there are two different types of criminal defendants charged with Drug Crimes: those that are in the business of dealing drugs and do not use them and those that are addicted to drugs. Heroin This blog will deal exclusively with drug charges involving people who are addicted to drugs and who should strongly consider Recovery. Many counties, including the counties of Chester, Delaware, Lancaster, Berks and Montgomery Counties have various programs created to assist addicts recover from their addictions. These programs are known as Drug Court and Recovery Court. And many of these programs enable criminal defendants to receive lighter sentences and in some cases the complete withdrawal of all criminal charges.