Pennsylvania Drug Charges: Defenses and What to Expect

A drug charge in Pennsylvania can involve alleged possession, delivery, possession with intent to deliver, or drug paraphernalia. The charge and potential consequences depend on the substance, the alleged conduct, the evidence, and other case-specific factors.

A charge is not a conviction. The prosecution must prove the charged offense. A defense may focus on how police obtained evidence, whether the evidence connects the accused to the substance, or whether the testing and other proof are reliable.

Common Pennsylvania Drug Charges

Pennsylvania's Controlled Substance, Drug, Device and Cosmetic Act addresses a range of conduct involving controlled substances. Common charges include:

• Possession: Knowingly or intentionally possessing a controlled substance without legal authorization or a valid prescription. The law contains exceptions, so the substance and circumstances matter.
• Possession with intent to deliver or delivery: The prosecution may allege that a person intended to distribute a controlled substance or delivered it to another person. The statute addresses manufacture, delivery, and possession with intent to manufacture or deliver.
• Drug paraphernalia: A separate charge may involve items allegedly used to prepare, package, store, or use controlled substances.
• DUI involving controlled substances: Pennsylvania's Vehicle Code separately prohibits certain forms of driving under the influence of controlled substances. A DUI charge does not necessarily mean the person is also charged with possessing drugs.

The law also provides exceptions for conduct authorized by law. For example, whether a prescription or authorization applies can depend on the drug and the circumstances.

Issues That May Matter in a Drug Case

The stop, search, or seizure

An attorney can examine why police stopped a person or searched a vehicle, home, or belongings. A warrant is one possible basis for a search, but it is not the only one; other circumstances may also make a search lawful. The relevant question is whether police had a valid legal basis under the facts of the case.

If evidence was obtained unlawfully, the defense may ask the court to suppress it. Suppression is not automatic, and it does not automatically dismiss a case. Its effect depends on what evidence is excluded and what remains.

Whether the evidence shows possession

A drug's location may be important, especially when it is found in a shared vehicle, home, or other space. The case may turn on evidence connecting a particular person to the substance, including knowledge, access, statements, and other circumstances. Being near a substance does not resolve every possession question.

The substance and laboratory evidence

The prosecution may rely on laboratory testing to identify a substance. The defense can review the testing records, the methods used, the chain of custody, and whether the results support the allegation. A challenge depends on the specific test and evidence; the fact that laboratory testing was used does not, by itself, make the result unreliable.

Alleged intent to deliver

In a possession-with-intent case, the Commonwealth must prove the charged intent. Prosecutors may point to factors such as quantity, packaging, communications, money, or alleged transactions. No single factor automatically establishes intent; the evidence must be considered as a whole.

Entrapment

Entrapment may be an issue in some investigations involving undercover officers or informants. It is a fact-specific defense involving more than an officer's mere opportunity to commit an offense. Whether it applies depends on the conduct of law enforcement and the circumstances of the case.

Possible Case Resolutions

Some defendants may be considered for diversion or treatment-based programs, but eligibility is not automatic. It can depend on the charge, the person's history, the facts, local procedures, and the prosecutor's position. Pennsylvania's ARD rule provides a process for a defendant or attorney to request consideration from the district attorney.

A negotiated plea, dismissal, or other resolution may also be possible depending on the evidence and circumstances. No particular result can be promised before the case is reviewed.

What to Do After an Arrest or Drug Charge

If you are under investigation or have been charged:

• Don't discuss the facts with police or others before speaking with an attorney.
• Don't consent to a search if you do not want one; don't physically resist officers.
• Keep your paperwork, release conditions, and hearing dates.
• Preserve relevant messages, receipts, or other records, and don't delete or alter potential evidence.
• Contact a criminal defense attorney promptly so the evidence and deadlines can be reviewed.

Surrounding Areas Served

Sklarosky Law proudly represents those who have been arrested or charged with a crime in Pennsylvania in the surrounding areas, including:

• Wilkes-Barre Criminal Defense Lawyer
• Hazleton Criminal Defense Lawyer
• Kingston Criminal Defense Lawyer
• Pittston Criminal Defense Lawyer
• Nanticoke Criminal Defense Lawyer
• Mountain Top Criminal Defense Lawyer
• Back Mountain/Dallas Criminal Defense Lawyer
• Plains Criminal Defense Lawyer

Charged With Drug Crimes in Pennsylvania?

At Sklarosky Law, we represent clients facing criminal charges throughout Wilkes-Barre, Kingston, Pittston, Hazleton, Nanticoke, Mountain Top, the Back Mountain, Plains Township, Luzerne County, and Northeastern Pennsylvania.

If you or someone you love has been arrested or charged with a drug crime in Pennsylvania, don't wait to seek legal help.

Call (570) 283-1200 or use our online contact form to schedule a confidential consultation today.