Possession of a Controlled Substance
Possession of illegal drugs is a serious crime that often leads to time behind bars for those who are convicted. In most cases, arrests made for drug possession are based solely on the arresting officer’s interpretation of the circumstances. With the help of a skillful team of West Chester defense attorneys, you can weaken the prosecution’s case by challenging the officer’s interpretation of the events leading to the arrest.
Chester County Drug Possession Defense Lawyer
The tactical team of drug crime defense lawyers at Ciccarelli Law Offices are proud to serve individuals who are facing drug charges in Coatesville, Downingtown, Exton, Willow Street, Norristown, Newton Square, and the areas surrounding Southeastern Pennsylvania. Ciccarelli Law Offices provides quality legal representation with a team oriented approach.
The attorneys at Ciccarelli Law Offices look forward to serving you. Call us today at (610) 719-3200 to set up a consultation to discuss your case and begin preparing for your rigorous defense.
Drug Possession Information Center
- Possession of a Controlled Substance in Pennsylvania
- Punishment for Drug Possession in Chester County
- Actual vs. Constructive Possession
Possession of a Controlled Substance in Pennsylvania
Under Pennsylvania law, it is illegal for anyone to be in possession of a controlled substance that he or she does not have a prescription for. A controlled substance is defined as any drug that has the potential to be addictive, abused, or mentally/physically harmful. Controlled substances that are commonly abused include:
- Marijuana
- LSD (Acid)
- Cocaine
- Methamphetamines
- Opium
- Codeine
- Heroin
- Morphine
- Ecstasy
- Anabolic Steroids
An individual, who is found to be in possession of a substance listed above, or any other substance defined in Pennsylvania’s drug schedule, can be charged with the illegal possession of a controlled substance.
Punishment for Drug Possession in Chester County
For first offenses, individuals face up to a year in prison along with a minimum of $1,000 in fines. If convicted of illegal drug possession a second time, the offender must serve a minimum of 15 days behind bars, with a potential to serve a maxim of two years, and pay a fine of at least $2,500.
For subsequent offenses, offenders will serve a minimum of 90 days and a maximum of three years in prison, and be forced to pay a fine of at least $5,000.
Actual vs. Constructive Possession
In order to be convicted of possession of a controlled substance, the prosecution must be able to prove that the alleged offender was in either actual or constructive possession of the drugs.
Actual possession tends to be easier to prove. For example, if a law enforcement official allegedly found drugs in your pocket, hand, backpack, or otherwise on your body, you are said to be in actual possession of the drugs.
If drugs are found within close vicinity to you, or in a place where you have control over, an arresting officer might consider you to be in constructive possession of the substance. For instance, if an officer performs a search on your vehicle, and finds drugs in the trunk, glove compartment, center console, or under the seat, he or she may determine that you possessed the drugs constructively.
Avoiding Jail Time after Being Charged with Drug Possession
If you have been arrested for the possession of illegal drugs in the Counties of Chester, Lancaster, Delaware, or Montgomery, contact Ciccarelli Law Offices. With offices conveniently located in Radnor, Plymouth Meeting, Kennett Square, West Chester, Lancaster, Philadelphia, King of Prussia, and Malvern, these dedicated defense attorneys serve clients in the greater Philadelphia region who are looking for a team of skilled attorneys that will give them the best chance of avoiding jail time.
Contact Ciccarelli Law Offices today at (610) 719-3200 to set up a consultation with the experienced team of West Chester defenses lawyer. Your consultation is an important part of the defense process, and will give you an opportunity to get legal advice form experienced attorneys.