Montgomery County Drug Distribution Lawyer
Drug distribution falls under the possession with intent to deliver (PWID) charge, which is a felony offense. This charge should be taken very seriously because if someone dies or is otherwise harmed by taking those drugs, the person who distributed them may ultimately be found responsible. Judges and prosecutors also may villainize a person with this charge and seek more punitive rather than rehabilitative sanctions if a lawyer does not present a complete picture of their client and the situation that got them arrested.
If you have been accused of drug distribution, a knowledgeable drug possession attorney could help you fight the charges. A Montgomery County drug distribution lawyer could review the facts of the case, gather evidence, and speak to witnesses to help build a defense. Speak to a diligent drug attorney to learn about your legal options.
Aggravating Factors That Could Increase the Severity of a Charge
There are many aggravating factors that could increase the penalties of a drug distribution charge. Found in the Pennsylvania Sentencing Guidelines Commons, aggravating factors could include:
- Lack of remorse about offense
- Prior violent offenses
- Criminal gang enhancement
- Deadly weapon used enhancement
- Prior criminal history
- Youth or school enhancement
- Lack of employment or efforts at employment/education
- Prior instances of similar conduct
Those who have been charged should reach out to a skilled Montgomery County drug distribution lawyer who understands the laws and penalties regarding narcotics in Pennsylvania.
Common Types of Constitutional Issues
In drug distribution cases or possession with intent to deliver cases, there are a few constitutional issues that could arise. If it is an intent to deliver charge, then one might be looking at several police officer witnesses, and this can lead to a few different issues.
The first constitutional issue to be aware of is the Fourth Amendment and the ability to suppress evidence in a criminal case. When a person is stopped illegally or searched unlawfully, the evidence against them should be suppressed as the fruit of a poisonous tree. That is a legal doctrine that does not award police officers for their illegal behavior and instead limits the prosecution to evidence that was lawfully and properly recovered. This remedy can effectively end a possession with intent to deliver case if the motion is granted, and there is no other evidence of the crime.
The second constitutional issue to be aware of is the Fifth Amendment. If an individual is coerced or asked questions in custody without proper warning of their rights, those statements can be suppressed as well. In some delivery and distribution cases, the only evidence linking a person to possession may be a statement, and this can also effectively end a case where no other evidence exists.
Finally, the third major constitutional issue to be aware of is the Sixth Amendment. This grants individuals the right to confront their accusers. If there are witnesses to the alleged distribution than they should be called to the stand by the prosecution so the seasoned drug attorney can cross-examine them for bias or motive to lie. This would include undercover informants, confidential informants, people charged with a crime who point the finger at someone else, and other police officers involved as witnesses. Whether the prosecution can present all the necessary witnesses and not just hearsay evidence is always an issue in cases, and this is because of the Sixth Amendment.
What Evidence Could Be Used In the Drug Distribution Case?
The prosecution will use different types of evidence to prosecute a drug case. They will use the testimony of the police officers, including, what they saw, what they observed, and the process they took in investigating the case.
The second thing they will use is physical evidence. They may not always bring it to court, but they will have usually recovered some form of drugs, paraphernalia, or something else that is the actual illegal substance that was allegedly possessed.
Third, they will use expert testimony and lab tests. They will test the substances to make sure they are illegal substances and not just counterfeit or look-alike substances. Also, the prosecution may call an expert witness to say that a certain amount of drugs would be used with the intent to deliver them, not simply for personal use.
Elements of the Crime That Could Be Contested
The biggest elements of the crime that could be contested in court is the possession of narcotics. If someone is not in physical possession, lawyers can contest the actual possession. This could lead into arguments of whether they knew about the drugs and intended to own or distribute them.
The second major element that is contested is the intent to deliver. Unless there is a statement or confession, this element is usually proven through circumstantial evidence such as type of packaging, the amount of drugs, or large amounts of money on the defendant when arrested. Certain paraphernalia is perfectly consistent with personal use only, and certain quantities of drugs may be consistent with a highly-addicted user of drugs and not with someone who has the intent to deliver them. These arguments, amongst others, are the type made to challenge the possession and the intent elements of the crime.
Let a Montgomery County Drug Distribution Attorney Help
Following an arrest and charge for drug possession, individuals should immediately seek help from a defense attorney. Individuals should look for an attorney who understands Pennsylvania’s drug laws, types of drugs, how they are packaged, delivered, and distributed. A lawyer having knowledge of these elements could be a powerful tool to combat the prosecution.
If you have been charged with drug possession, you do not need to fight the charges alone. An experienced Montgomery County drug distribution lawyer could explain your case, communicate with you clearly so that you can make informed and knowledgeable choices. Let a tenacious attorney help your case. Call today to get started building your defense.
