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DAVID CLARK
Criminal Defense Attorney

Bucks County Drug Arrest Process

The typical Bucks County drug arrest process involves the police issuing a warrant for an individual’s arrest or making an on-sight arrest. In both cases, individuals will be taken to the police station, generally processed. Depending on the severity of the case, individuals are released pending a court date and a bail hearing before a magisterial district court judge.

What is the Arrest Process for Severe Narcotics Cases?

The Bucks County drug arrest process can be considered more complicated due to the amount of narcotics involved in that particular case. In these cases, an individual will see a 24-hour magisterial justice court where they will have the right to an attorney of their choosing, which means they can hire an experienced drug lawyer. Bail will be set at that hearing and will be determined upon their prior record, the severity of the case and any past failures to appear that they may or may not have had. At that hearing, once bail is set, an individual through their family and/or another person has the ability to post bail so that the individual will not be taken to the Bucks County Correctional Facility.

Risk of a Higher Bail Due to the Type of Drug Offense

In most cases, the type of drug, as well as the quantity of that drug, is what is determined by the significant amount of bail that may be set. Bail is set to ensure an individual’s appearance in court. However, in cases involving large amounts of street-level narcotics such as cocaine, heroin, opiates and other derivatives of those substances, individuals often face higher bails. Bucks County offers two options, either pay the higher bail and be released from prison or, if that bail amount is unattainable, through their family, they can reach out to a bail bondsman. A surety of a number of properties are set to ensure that the individual, once let out on bail, will make all appearances in court. The most common bails are set along the highest guidelines when drugs exceed two grams or more and when multiple sales are alleged to have occurred.

Potential Aggravating Factors to a Charge

Potential aggravating factors of the Bucks County drug arrest process include quantity and the type of organization of criminal distribution of narcotics that is involved. The size of the organization, the quantity of the drugs involved and whether or not other weapons are also present can determining bail and the type of release a person may be released to under these circumstances.

 What Happens to Others At the Scene of the Arrest?

All individuals in a particular area could be subject to the Bucks County drug arrest process for narcotics conspiracy if it is apparent that narcotic sales and/or distribution or usage is happening. Therefore, just being present in a location such as a party at a house may be enough to have an individual charged with conspiracy not only to use the controlled substances that are the home but perhaps to manufacture or even possess with the intent to deliver, that is, to sell those drugs. Therefore, a person should always be aware of their surroundings and exactly what is occurring. Negligence of the law is never a defense. Therefore, an individual should be aware of their surroundings and everything happening around them.

Consent Expectations If Someone is Stopped

Most often, when a motor vehicle is stopped for a valid traffic reason. Probable cause exists so that police can ask the occupants to step out of a vehicle for a general search of the area around the occupants is automatically permissible. However, that does not include other areas not in the reach of individuals such as the trunk of a vehicle and even locked areas of the car, under the seats, things of that nature. The area of wingspan around the occupants is generally allowed to be searched during a Bucks County drug arrest process.