Philadelphia Drug Crimes Lawyer
Drug crimes are one of the most common types of criminal matters seen in Philadelphia courtrooms. Pennsylvania’s drug laws are intense and are meant to strictly punish those convicted of drug possession, trafficking, distribution, and other related offenses. Not only could you face serious criminal penalties, but the collateral consequences will ensure you continue to pay long after you have completed your sentence. Do not let these drug charges become your future.
Take advantage of your right to defend yourself and reach out to a top-rated Philadelphia drug crimes lawyer with Ciccarelli Law Offices. Our firm handles hundreds of drug crime cases at all levels every year. When you have been accused and are unsure of what your next steps should be, do not hesitate. Contact a respected Philadelphia criminal defense attorney at our firm to build a powerful defense.
Drug Classifications in Philadelphia
According to the U.S. Drug Enforcement Administration (DEA), controlled substances are classified into five different categories of drugs known as “Schedules.” The more dangerous the drug, the lower its classification. Some examples of controlled substances and the Schedules in which they are classified include:
- Schedule I – These are the most dangerous, have no accepted medical use, and have the greatest likelihood of abuse. Examples include marijuana, LSD, and heroin.
- Schedule II – These controlled substances are dangerous but have some accepted medical use and a high potential for abuse. Examples include methamphetamine, cocaine, oxycodone, Vicodin, and Dilaudid.
- Schedule III – These have greater medical use but are still dangerous when abused. There is a moderate potential for abuse with these controlled substances, which include ketamine, testosterone, and Tylenol with codeine, for example.
- Schedule IV – These have a low risk of abuse and are regularly used in the healthcare industry. Some examples include Tramadol, Xanax, and Ativan.
- Schedule V – These drugs are widely used in medicine and have a low potential for abuse. Some examples include Motofen, Lyrica, and Robitussin AC.
Common Types of Drug Charges You Could Face
There are several potential types of drug crimes you could be charged with, depending on the circumstances of your case. If you are found in possession of drug paraphernalia, you could face charges under 1972 Act 64. If you are accused of having a controlled substance in your possession, you could face simple possession charges. If convicted, you could spend up to one year in prison and pay fines of up to $5,000 for a first-time offense or up to $25,000 and as much as three years in prison for a second offense.
Depending on the amount of controlled substances you are accused of possessing, you could also be charged with possession with intent to deliver under 18 Pa. 7508. If you are found guilty, the consequences could be devastating. You could be facing up to seven years in prison and pay fines of up to $50,000 for multiple convictions.
Defenses Against Philadelphia Drug Crimes
Crafting a powerful defense strategy will be one of your drug crime attorney’s top priorities. Ciccarelli Law Offices will carefully review the specific details of your arrest and the state’s evidence against you to determine which defense is most suitable for your case. Some of the most common defenses used to dispute drug crimes in Philadelphia include:
- Entrapment
- Unlawful seizure
- Chain of custody issues
- You had no knowledge of the controlled substances
- Disputes regarding lab results
- Mistake of fact
Philadelphia Drug Crimes FAQ
When you have been accused of committing a drug offense, you likely have many unanswered questions and concerns about what the future may bring. Check out our FAQ below, which goes over some of the top questions and answers regarding drug crime arrests and charges. If you have additional questions, do not hesitate to contact our legal team for more individualized answers.
Will I get bail?
Most drug crimes are considered nonviolent offenses. The judge may be more willing to grant bail if no one was seriously injured while the crime was being committed. In some instances, you could even be released on your own recognizance (ROR). If bail is set during your arraignment, you will need to post bond before you can be released from police custody.
Are drug crimes eligible for expungement?
Under 18 Pa. 9122, Pennsylvania law allows expungement if specific criteria have been met. You may qualify for expunction if you were found not guilty of the charges against you or the drug crime allegations were withdrawn or dismissed. You may also qualify to expunge a drug crime arrest as long as you have not been arrested at all within the last five years. Individuals aged 70 or older who have not been arrested during the last 10 years may qualify, as well as individuals who have completed an accelerated rehabilitative disposition (ARD) program.
However, if you have been convicted of a misdemeanor or felony offense, you will not qualify for expungement. The only way to get your record cleared in these cases is to secure a pardon from the governor. If you meet the eligibility requirements, you can file a petition with the Clerk of Court Office. Be prepared to pay a $155 non-refundable filing fee.
What is the statute of limitations for drug crime charges in Philadelphia?
Philadelphia prosecutors must get serious drug crime charges filed within five years of the offense or two years from the date of the offense if it is a low-level misdemeanor or felony drug crime per 75 Pa. Chapter 55. However, if you are facing federal crime charges, including Continuing Criminal Enterprise (CCE) violations, there is no statute of limitations. Federal prosecutors can opt to file charges against you at any time.
Connect With a Drug Crimes Lawyer in Philadelphia for Help Today
The drug crime charges you are facing could permanently alter the course of your life. You could lose your professional license and job, be deported, lose custody of your children, and spend years behind bars. This may be one of your last opportunities to dodge a guilty verdict.
Do not trust your defense in the hands of a public defender who is overworked and does not have the resources needed to give your case the support it deserves. Meet with a highly experienced Philadelphia drug crimes attorney at Ciccarelli Law Offices to explore your potential defense strategies. Fill out our online contact form or call our office to schedule your confidential consultation with our legal team as soon as today.