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DAVID CLARK
Criminal Defense Attorney

Bucks County Drug Possession Lawyer

In Bucks County, possession of drugs and/or illegal narcotics is defined by the use, mere possession, and/or constructive possession of such drugs. An individual need not simply have drugs on their person in order to be charged with possession of a narcotic. An individual can be in a location such as a vehicle or house where narcotics are also found. In most cases, individuals are recent purchasers of narcotics and police make certain observations of that purchase and based on that observation, they make a stop or the person is seen actually using the narcotic. In either case, possession of a controlled substance and/or narcotics or drugs are charged, and it is a misdemeanor of the first degree in Bucks County, Pennsylvania. A Bucks County possession lawyer is here to help individuals facing such harsh penalties. Contact a professional attorney today to see what you can do about your situation.

Possessing Illegal Drugs in Bucks County

An individual can be found possessing illegal drugs in Bucks County by a): having the drugs on their  person during a valid police investigation or stop or b): having drugs near or in constructive possession of where they are located. An individual may be operating a vehicle, for example, when stopped by police and narcotics are found in the center console, with the vehicle belonging to the defendant with no other occupants. Thus the courts may find that the occupant driver has constructive possession of those narcotics. This works the same for places of employment, lockers, a person’s home, and locations consistent with the exclusive use and dominion of control by one individual over the controlled substances. A Bucks County drug possession lawyer can offer more insight into the matter.

Illegal Drugs to Possess

All street-level drugs, including cocaine, marijuana, heroin, and LSD are illegal in Bucks County, with no exceptions. There are no exceptions for any of these narcotics because these narcotics are not lawfully prescribed narcotics in the Commonwealth of Pennsylvania. Additionally, should an individual have a prescription narcotic and not be authorized to have that narcotic, then that narcotic is also illegal because it used by a person who does not have the right, legally, to use such no item in Bucks County.

How Possession is Viewed

Possession is typically viewed in the eyes of the law in Bucks County as actual possession of a controlled substance. A person makes a purchase of a controlled substance in view of police or other authorities and is arrested. A person is stopped and, upon searching their person or the area around them, illegal narcotics are found. Alternatively, a person’s residence or another place of abode, place of employment, vehicle, or a private area that is under the exclusive dominion and control of that individual is found to possess narcotics in that particular location. Thus, the courts will make a determination that the person knew or should have known the narcotics were there and they are in constructive possession of such narcotics and can be charged and/or convicted for their possession.

Factors Impacting Drug Possession Charge

The most common factor that affects the seriousness of a drug possession charge is the type of drug being dealt with. The most serious of which is heroin.  Another factor is the quantity of drugs that an individual may have in their possession, even if for personal use. Those two factors are the most common in determining the type of treatment that an individual may undergo to try to avoid incarceration or even a conviction for illegal narcotics. It up to the facts of each individual case that warrant the court in determining the right penalty for such actions. However, under the right circumstances, regardless of the type of drugs and/or quantity of such a drug, if illegal and unconstitutional means were used in obtaining such a drug, an experienced Bucks County drug possession lawyer has the ability to suppress and/or eliminate such drugs from a prosecution, which can lead to the acquittal of the individual on any drug possession charges.

Contacting a Bucks County Drug Possession Lawyer

The most important reason for contacting an experienced Bucks County drug possession lawyer at the earliest possible stages of the case is so that an individual’s ability to participate in a Diversionary Program does not pass them. Once the District Court level of the case is completed, it is highly unlikely that an individual will be allowed to enter a Diversionary Program. Diversionary Programs must be applied for in advance with knowledge of how the facts work in order to get the right disposition at the earliest possible time.