What to Expect From Montgomery County Drug Charges
There are many facets of drug offenses and charges. In Montgomery County, the arresting police officers will report the charge that they think should be lodged against an individual who is allegedly committing a drug offense. They will give the initial list of charges, whether simple possession (a misdemeanor) or possession with intent to deliver (a felony). After that, the charging prosecutors will either approve or disapprove those charges, or add their own. From there, the official charges will be read at the formal arraignment in the Montgomery County Common Pleas Court in Norristown.
When charged with a drug offense in Montgomery County, a person should expect to have a preliminary arraignment in the magisterial court close to where they were arrested. Then they should expect to go to Norristown, to the Common Pleas Court at the county courthouse, for the formal arraignment and pre-trial. Their case will be set for trial quickly. They should secure a skilled drug lawyer as soon as possible after the arrest so that they do not travel through these important stages without having representation.
Reach out to a knowledgeable attorney to learn about what to expect from Montgomery County drug charges.
Types Of Drug Charges
One thing to expect from Montgomery County drug charges is the wide range of offenses and penalties. The range of charges regarding drug-related offenses depends upon the type of substance and the alleged intent of the person with those substances. A person may face the charge of simple possession of marijuana, which has a lesser penalty than possession of other illegal substances such as heroin, crack, or prescription pills. Those are misdemeanor offenses.
Finally, a larger charge with higher penalties would be the felony charge of possession with intent to deliver. That would be a larger amount of drugs with the intent to deliver, with either direct evidence or circumstantial evidence that the drugs were going to be delivered to someone else.
Can a Drug Charge Be Dropped?
A drug charge would usually be dropped only after some involvement by a lawyer. The attorned will need to show that the charge was wrong for some reason or another. Some reasons would include the drug seizure analysis (the testing of the drugs) revealed that it was not a controlled substance or conclusive evidentiary proof that the person accused of possessing the drug is the wrong person or the drugs belonged to someone else. It requires some involvement by a lawyer for the charges to be dropped.
Common Mistakes Made By Law Enforcement Officers
Often, law enforcement officers make mistakes during an arrest. Potential mistakes by law enforcement when issuing a drug charge could include:
- Not speaking to witnesses
- Not collecting witness information at the scene of the crime
- Stopping or arresting the person unlawfully
- Then searching them unlawfully
- Any violation of the Fourth Amendment
A knowledgeable narcotics attorney will understand what to expect from Montgomery County drug charges and could determine whether law enforcement violated an individual’s rights.
Consequences of a Conviction
Some of the initial short-term consequences are that they will have to go to court several times until they resolve the case or face a bench warrant if they fail to appear at any point. If they possess a professional license, they may have to report that they were arrested. After that, the long-term consequences could be a prison sentence or a fine if they are convicted of that crime.
The short-term consequences, such as how much of a fine and how much prison time, would be affected by the type of drug. It could also be affected by whether the court feels that ordering or suggesting treatment as part of the punishment is appropriate. With opiates, the court will at least inquire or ask the person whether they have sought treatment and whether the court needs to order it or try to provide it in some manner.
Based on the type of drug and whether the charge is for intent to deliver or simple possession, that will have a major role in the judge’s determination of what type of punishment they receive in the short-term.
Long-Term Consequences
In the long-term, the type of drug will not necessarily appear on their criminal record. However, whether they were charged and convicted with a felony or misdemeanor will show up on their criminal record, and that will remain on their record unless it is removed by exoneration or by appeal. Therefore, what type of charge they are convicted of will have a lasting consequence.
A drug charge will initially appear on an individual’s criminal record as an ungraded misdemeanor or ungraded felony, which means that it is a charge on a sliding scale. It is not classified as a first, second, or third-degree felony as other charges are. It will be listed under the “Controlled Substances Act,” meaning, the charges are listed outside of the regular criminal code in a separate part of the State Legislation detailing what is legal. Those who have been charged will need a knowledgeable drug lawyer to advise them regarding the Controlled Substances Act so they will know what penalties they could receive for the drugs they have been charged with possessing.
Seek Help From a Drug Lawyer
It is vital that anyone facing drug charges should contact an attorney right away because any possible witnesses or evidence that could be used to defend their case might become more difficult to find as time goes on. Additionally, the prosecution will have a head start if they have already launched charges against the person or done any investigation. Their ability to defend the case is going to be dependent upon how fast they get started.
An experienced attorney will know what to expect from Montgomery County drug charges and how to build a defense. Schedule a consultation today to learn more about drug charges, penalties, and how to defend against the allegations.