In Philadelphia, the crime of possession with intent to deliver any controlled substance is taken extremely seriously by both prosecutors and the courts. This is one of those offenses that they simply do not want occurring within the city limits. As a result, it’s treated at the higher level when it comes to sentencing guidelines and when it comes to prosecutors defending their cases diligently and judges and courts taking things very seriously.
As a result, it is imperative that if you are charged you consult with a Philadelphia drug lawyer as soon as possible so they can begin building you a strong defense. Call today to learn more.
A person charged with a small amount of marijuana is less likely to face incarceration or serious consequences. However, a person charged with a pound or two of marijuana or more often has the threat of incarceration and future implications surrounding them. In addition, any other controlled substance like crack cocaine, cocaine, PCP, heroin, LSD or any other controlled substance which is sold illegally is treated at a much higher sentencing level. This means that should a person be convicted of such, the consequences set forth by Pennsylvania Sentencing Guidelines call for a much different and higher sentence.
Additionally, an immediate suspension of a person’s divers license, a felony on a person’s record and the ability to seek out employment to create a future livelihood and quite frankly to avoid any embarrassment in the future is off the table. All of those aspects come into play when a person is convicted of possession with intent to deliver. That’s why it is imperative to seek out the assistance of a Philadelphia narcotics lawyer in order to view all options and all possible defenses especially when charged with possession with the intent to deliver a controlled substance.
Possession with intent to deliver is often charged when one or two things occur. First, a police officer while on surveillance witnesses what he or she believes is a drug transaction or hand to hand transaction often for United States currency on a street in Philadelphia. Then an arrest is made and the officer is able to recover all narcotics from both the buyer and the seller.
The other way that possession with intent to deliver is very commonly seen in Philadelphia is when a person such as a person in a car stop is stopped and has more than personal use amount of a controlled substance on his or her person.
It’s not difficult to make an argument that five small bags of marijuana is for a person’s personal use. However, it’s much more difficult to make an argument that 3 or 4 pounds of marijuana is for personal use. As a result, when a person is charged with a large amount of any controlled substance albeit marijuana, cocaine, crack cocaine, PCP, a large number of pills, heroin, that person is often immediately charged with possession with intent to deliver because a Commonwealth expert will testify on the stand that that amount cannot be used reasonably by a person for their own personal use.
Now an experienced Philadelphia narcotics attorney can turn the book on the Commonwealth and call their own expert and when such is done, it can often become the battle of experts in the court room as to what a truly personal use is versus possession with intent to deliver.
David Clark Attorney at Law