PA DRUGS AND NARCOTICS ATTORNEY
In Pennsylvania, drug
offenses are among the most commonly prosecuted crimes.
These offenses vary from possession of drugs or drug
paraphernalia for personal use, to possession of
dangerous drugs for sale, to manufacture of narcotic
drugs, and to trafficking of drugs.
The range of Penalties for
drug offenses depends on the drug, quantity and purpose
of possession. It is more serious, for example, if you
are charged with possessing marijuana with the intent to
sell than if you are charged with possessing marijuana
for personal use. And, although most drug offenses are
now felonies, possession of marijuana is sometimes
charged as a misdemeanor.
In drug cases, the
prosecution's most damaging evidence is usually the
drugs seized by the law enforcement agency. The United
States and Pennsylvania Constitutions, however, require law
enforcement officers to conduct "reasonable" searches
and seizures. Evidence obtained in violation of the
Constitution must be suppressed. Consequently, the
defense should always consider testing the
reasonableness of the search through a motion to
suppress this evidence.
There are certain Diversion
Programs available to first and second-time offenders.
Upon successful completion of these programs, it is
possible the case may be dismissed. In Pennsylvania,
there are significant educational and/or treatment
alternatives available to help people cope with a
substance abuse problem and avoid spending time in jail
or prison.
A motion to suppress evidence
is the mechanism used to challenge the States' use of
illegally obtained evidence. This motion is based upon
the notion that evidence obtained as the product of a
search or seizure that violates the Constitution must be
suppressed. Following a hearing and oral argument, the
court will rule on the motion to suppress. If the court
grants the motion, the prosecution will be precluded
from introducing any evidence seized as a product of the
illegal search and/or seizure.
In possession of drugs for
personal use cases, the prosecutor sometimes
agrees to and/or offers the accused an opportunity to
complete a substance abuse education and treatment
program, as an alternative to the criminal prosecution.
The prosecutor may make such an offer either prior to or
after filing charges.
To participate in a diversion
program, the accused must meet several eligibility
requirements. In addition, there are other eligibility
requirements concerning the accused‚s use of drugs as
well as the type and quantity of drugs found in the
present offense.
FOR FURTHER QUESTIONS AND REPRESENTATION PLEASE CONTACT:
Law Offices of Steven E. Kellis
Two Penn Center Plaza
1500 John F. Kennedy Boulevard
Suite 900
Philadelphia, Pennsylvania 19102
(215) 940-1200
email: steven@kellislaw.com
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