 | | | | Free Initial Consultation
1-866-6LAWFIRM
| | | | | Free Initial Consultation
1-866-6LAWFIRM
|
| | Attorneys Crosby & Sughrue handle all types of criminal offenses from preliminary hearing to trial throughout Pennsylvania. Crimes such as homicide, drug dealing, drug possession, gun offenses, VUFA, assaults, robberies, DUI, computer crimes, child pornography, sexual molestation, rape, sexual assault, fraud and theft are handled by Attorneys James A. Crosby and Douglas Sughrue. "We meet with our clients in confidence to discuss their options and their risks." A no-nonsense, no obligation, free initial consultation allows clients to make an informed decision that will greatly affect the rest of a client’s life. Whether in State or Federal Court there are five main drug offenses for which a person can be arrested. The charges are possession, possession with intent to deliver (pwid), delivery of a controlled substance, criminal conspiracy to deliver a controlled substance and possession of drug paraphernalia. The four other remaining factors concerning drug offenses are the type of controlled substance, the amount or weight of that substance, the manner in which the controlled substance is packaged and your statements made to the investigator. As one can guess, as the weight of the drug increases, so does the severity of the offense and the related penalty. Also, the type of drug has an additional effect on the severity and penalty of the offense, i.e., usually marijuana is punished less severely than heroin. In addition to facing possible jail time and/or probation, a person accused of a drug offense, if convicted, faces a suspension of his/her driver’s license. As with all other crimes, a person benefits from the early involvement of a lawyer. From the beginning, an attorney builds a defense for the charge or through agreement immediately limits the client’s exposure to punishment. Setting up future pretrial motions which limit the ability of the prosecutor to introduce evidence against the accused and/or agreeing to have felonies withdrawn in exchange for a waiver of the preliminary hearing are some of the most common ways drug offenses are defended. Possession of a controlled substance is usually a low grade or ungraded misdemeanor and can be resolved in a number of ways. In some instances, we can save the suspension of your driver’s license. The charges of possession with intent to deliver and delivery of a controlled substance are felonies. Along with being felony charges, pwid and delivery can have certain mandatory minimum jail sentences if the amounts of the controlled substance meet or exceed the weight criteria. Due to the nature of drug offenses, if an accused is charged with possession, possession with intent to deliver and delivery of a controlled substance, at sentencing the offenses merge, meaning that an accused can only be punished for the delivery offense. Since delivery is the most serious offense and an accused cannot actually deliver a controlled substance without first possessing and intending to deliver it, an accused can only be punished for the delivery. However, the accused still suffers convictions for all three offenses. Drug charges often result from a traffic stop which results in a search of the vehicle resulting in the discovery of a controlled substance. Specific facts surrounding the traffic stop, the search (consented to or incident to an arrest) need to be discussed with a lawyer at the earliest possible opportunity. Challenging the constitutionality of the vehicle stop and/or search of the vehicle begins at the preliminary hearing at which a record is made of the officer’s statements, actions and observations. Generally, law enforcement does not have the authority to search your vehicle unless you give them permission voluntarily to do so. Only a search incident to an arrest is permissible without a search warrant or the consent of the person with authority over the vehicle. Normally, a person should not consent to a search of his or her vehicle, apartment or packages. Of course, knowingly entering an area (airports, jails, and courthouses) where you know entry is conditioned on being searched exposes a person to a permissible warrantless search. Drug offenses also derive out of the execution of search warrants. After an investigating agency gathers sufficient intelligence concerning a location out of which drug are sold, stored, prepared and/or packaged, investigators present that information to a judge with the hopes that the judge will find probable cause exists to support a search warrant. If there is probable cause in the eyes of the judge, the investigators often execute the search, i.e., conduct the search, within forty-eight hours. The speed of the execution of the warrant is directly related to the nature of controlled substances. The information used to support probable cause in the search warrant can become stale. If the investigators do not act quickly enough, any fruits of the search could be suppressed by another judge that determines that the information became stale prior to the execution of the search warrant. To gather intelligence concerning the preparation, packaging and selling of controlled substances, investigators use confidential informants, undercover agents, surveillance and the knowledge of the local community, i.e., tips from uninvolved concerned citizens. No matter how the information was gathered by the investigators, an accused needs the aid of an experienced attorney to investigate the reliability and accuracy of the information acted upon by the investigators and relied upon by the judge issuing the search warrant. Please refer to our "If Your Stopped By The Police While Driving" page where a full discussion concerning the legitimacy of a vehicle stops, vehicle searches and execution of search warrants are discussed. If you are charged with a drug related offense(s), please contact us at 412-391-0123, 1-866-6 LAWFIRM (866-652-9347) or Email Us so that we can thoroughly discuss your particular charges. As stated above the type, weight, packaging and your statements combine to influence the outcome of your case. Call us and schedule a free consultation. TOP OF PAGE | |
