Pennsylvania Law Regarding Drug Delivery in Death
Western Pennsylvania currently has one of the highest rates of heroin overdoses in the entire United States. Because of this, while there is much talk of dealing with substance abuse and addiction through our public health systems, in fact, the criminal justice system continues to bear the majority of the response to drug overdoses. In fact, according to an online article published in The Sentinel in 2017, in Cumberland County alone, the number of those charged with possession of illegal drugs has almost doubled since 2013. One tool used by law enforcement, faced with rising drug overdoses, is to treat such cases as homicides.
In the state of Pennsylvania, a person can be charged with Drug Delivery Resulting in Death—a homicide—which carries a prison sentence of up to 40 years. Drug Delivery Resulting in Death means one person provided drugs to another, and the person receiving the drugs overdosed and died.
Facing Drug Delivery Death Charges in Pennsylvania
Learn about what drug delivery death is in Pennsylvania and what to do if you or a loved one is facing accusations or criminal homicide charges. Facing drug delivery death charges is a pivotable moment in a person’s life. Is it the time to reach out to an inexperienced criminal attorney or a former prosecutor who touts his convictions but lacks experience gaining murder acquittals? Before it’s too late, call our drug crimes lawyers in West Chester. Facing drug delivery death charges anywhere in Pennsylvania and need help, call the Ciccarelli Legal Team at (610) 692-8700.
Getting the Best Defense where you are facing Drug Delivery Death Charges
Reach out to the Ciccarelli Legal Team, when you are facing a drug delivery death in the greater Philadelphia metro area, including Chester County, Bucks County, Delaware County, Lancaster County, Montgomery County and throughout Pennsylvania. Then ask yourself, why you are not calling now and scheduling a time to meet with Lee Ciccarelli. Call now at (610) 692-8700.
Our team of lawyers at Ciccarelli Law Offices is ready to fight for you. When the threat of prosecution for homicide and murder is real, you need to look for the best options and find a top murder defense team serving Chester County and beyond. Based in West Chester (Chester County) in the Philadelphia Metro Area, the Ciccarelli Legal Team defends the rights of murder and homicide defendants throughout Pennsylvania.
Number of People Charged with Drug Delivery in Death in the State of Pennsylvania Skyrockets
In 2016, there were 77 people charged with drug delivery in death, in 2017 there were 205 and since 2013, almost half of all homicides in Cumberland County were for Drug Delivery Resulting in Death. Pennsylvania has had this drug delivery in death law on the books since 1989, however significant changes have been made to the law since that time, largely due to constitutional challenges. In truth, the law was rarely used until the past few years. In 2017, more cases of Drug Delivery Resulting in Death were filed in Franklin County than in the prior eight years together. Since this law is now being implemented fairly frequently, jail populations in the state of Pennsylvania have surged.
Grand Jury Used to Address Fatal Drug Overdoses
The York Daily Record notes that an investigating grand jury was recently used in the state of Pennsylvania to help address fatal drug overdoses—the first time one has been used in the community in more than two decades. It can be difficult to prove who provided drugs for a person who later overdosed, and some say that family members and friends of the deceased are being targeted as often as drug dealers.
Some Pennsylvania counties are more focused on investigating the source of the drugs which led to a fatal overdose, while others may focus on the immediate provider. Because the Drug Delivery Resulting in Death law is being utilized much more often than in the past, detectives are now treating every fatal drug overdose as a potential homicide. In other words, if the prosecution can prove who sold the lethal drug dose, Drug Delivery Resulting in Death will be charged. These investigations take time and can be quite intense.
The Drug Policy Alliance is not in favor of the increase in homicide charges when the death was the result of an overdose, and, in fact, the agency supports the decriminalization of drug use and possession under the belief that harsher legal penalties discourages people from seeking help for an addiction. In the state of Pennsylvania, York County has led the state in the use of the Drug Delivery Resulting in Death law.
What You Need to Know About Pennsylvania Drug Delivery in Death Laws
If you have given prescription or non-prescription drugs to another human being, who subsequently dies as a result of those drugs, you could face extremely serious penalties. The drug delivery resulting in death statute is found in Title 18 Section 2506 and is a first-degree felony. Under the statute, any person who intentionally “administers, dispenses, delivers, gives, prescribes, sells or distributes any controlled substance or counterfeit controlled substance” and another person dies as a result, drug delivery in death could be charged. To prove the charges of Drug Delivery Resulting in Death, the Commonwealth must first establish that you committed a Possession With Intent to Deliver offense. Most of the time, the most compelling evidence which results in charges of Drug Delivery Resulting in Death is the person’s own admission. If you are being investigated for this offense, do not talk to the police, rather ask to speak to an attorney immediately.
Your home or your car could potentially be searched in an effort to reveal drugs which match the drugs which resulted in a fatal overdose. If the police have no search warrant for your home or car and ask you whether you consent to such a search, always say “no,” then contact an experienced Pennsylvania criminal defense attorney immediately. Even if you think you might be charged with Drug Delivery Resulting in Death, take a proactive stance and contact an attorney. This will ensure that you do not inadvertently say or do anything which can later be used against you in court in an attempt to convict you and send you to prison.
How to Hire an Attorney for Criminal Defense Against PA Drug Delivery Charges
The complexity of Pennsylvania’s drug laws leads to numerous instances in which a person may find it nearly impossible to defend themselves. You may be arrested and charged with drug delivery charges without engaging in any act that you thought was illegal.
If you are facing these types of charges, hiring an experienced attorney is critical to protecting your future. Look for an attorney with extensive experience navigating Pennsylvania’s complex drug delivery laws, one who has not only defended against these charges but also won the case. Our attorneys can provide you with that level of support.
When you turn to our legal team, we will provide you with information, guidance, and support right away. We will tell you how to handle the accusations, what to say and what not to say, and what to do to minimize any type of poor treatment. We then build a strong case for you, working to gather evidence to support your claims.
When you hire our Pennsylvania drug delivery charges attorney, you gain exceptional legal insight. We are aggressive in protecting our clients. We hold the police to the highest level of proof for all evidence. We are also passionate about supporting our clients as they navigate the legal strategies that are available to them.
Start With a Consultation With Our Legal Team
Set up some time to speak to us about your case and the charges you are facing. We will gather all of the evidence to determine if you should plead out your case or what legal strategies we suggest. In every case, you can count on our legal team to offer insight, guidance, and support to you throughout this legal process.
Do not wait to contact us. The sooner you contact our legal team, the faster you can get moving towards proving you are innocent of these charges or getting the consequences reduced. Let us help you every step of the way with your legal matter.
Common Questions about Drug Delivery Charges in Pennsylvania
Will I face federal or state court if I am charged with drug delivery in PA?
The circumstances of your case will determine what occurs specifically. However, whenever possible, PA state and local prosecutors seek to transfer these cases to a federal court. It costs them less, but it also means that the prison sentences, fines, and any other restitution will be much more severe. For this reason, you should hire a defense attorney with experience fighting at the federal level.
Does the prosecutor need to prove the delivery of drugs to charge you?
The burden of proof that you violated the law is on the prosecutor’s office. That means that the prosecutor must prove that you committed the actual crime of possession and distribution of the case. They must establish that you delivered, intended to deliver, or manufactured these substances in an illegal manner. The judge ultimately rules if there is enough evidence to support the claims that the prosecutor makes.
What does delivery of a controlled substance mean under Pennsylvania law?
If you are charged with delivery of a controlled substance under PA law, that indicates that the prosecutor believes you meet the qualifications for this particular matter. This includes delivery of a controlled substance, including actual and constructive or attempted transfer of that substance from one party to the other.
In some situations, the person who received or was expected to receive the substance could have been a known individual or an undercover police officer. Sometimes, this could be a confidential informant for the police.
What type of evidence can a PA prosecutor use to charge you with a drug delivery case?
The evidence can be different in every situation. However, most of the time, the prosecutor must show that there was the recovery of a significant amount of the controlled substance from you. They also must have evidence that shows you planned to sell or deliver those controlled substances to another person.
The types of evidence that are commonly associated with these types of claims include:
- Large amounts of cash
- Packaging materials
- Mixing devices
- Digital measuring scales
- A large amount of the substance
In order to take this information and evidence and prove that you intended to sell it, the prosecutor is likely to rely on an expert witness. This could be someone like a detective who deals with cases like this often. That detective will testify that the contraband was likely to be used to package and deliver or sell the drugs to a third party. The expert witness will need to state that the type of contraband found is consistent with the manufacturing, sale, or distribution of drugs and not personal use of the substances.
Should you plead guilty to a case of drug delivery in PA?
Pleading guilty may be the right decision in some situations, but do not take this step until you speak to your attorney and create a defense strategy. Because this law can be difficult to defend against, it is wise to work closely with an experienced criminal defense attorney who has drug trafficking experience.
Our team will explore all potential holes in the prosecutor’s case. We will then work to better understand the challenges you are facing when pursuing a plea agreement or a not-guilty defense. Once we can see all of the potential consequences and opportunities in your case, we will strive to provide you with the most comprehensive defense plan available.
We encourage you not to wait to contact our legal team. Let us discuss your case with you now, opening and with full transparency. If you settle your case too soon, you are putting your future on the line. Let us help you instead.
Get The “Right Defense” When facing Pennsylvania Drug Delivery Death Charges
When you or a loved one is facing drug delivery death allegations or charges, gain the benefit and experience of the West Chester criminal defense lawyers from Ciccarelli Law Offices. We bring years of experience defending clients, demanding justice and fighting for acquittals. Our team is ready to represent you when you are facing homicide and murder charges in Pennsylvania. We are based in based in suburban Philadelphia and serve clients throughout Pennsylvania. Contact us at (610) 692-8700.