Drug Possession and Delivery

Recent news citing the nation’s opioid epidemic is bringing harsher sentences for all drug crimes. For those who are facing drug possession or possession with intent to deliver (PWID) the maximum penalties are likely to be enforced. Judges and prosecutors want to make an example of first-time offenders and show that they are capable of cleaning up the streets. Studies have shown that incarceration does little to nothing to ensure that the drug addicts are able to overcome their addiction. Many addicts are being prosecuted as dealers in order to make the case more significant in the eyes of the law. Even those charged only with possession are looking at long sentences and hefty fines they can not pay. If you have been arrested and charged with a drug possession or PWID then you need a skilled attorney like David W. Kaiser on your side.

Possession of any controlled substance including methamphetamines, heroin, fentanyl, MDMA, cocaine, PCP, ketamine, and even marijuana are all illegal to have on your person in the Commonwealth of Pennsylvania. Even prescription drugs such as Adderall, Oxycodone, and Vicodin are against the law to carry unless you have a valid prescription. Even the possession of drug paraphernalia can have similar fines and sentences as the actual possession of the substance.

There are two types of possession charges.  An actual possession, which means the drugs were allegedly found in your possession, such as, in your pocket, handbag, backpack, or shoe. Then, there is a Constructive possession, in which the drugs were allegedly found in your car or house. Constructive charges are a lot harder for the prosecution to prove.

Simple possession charges should be argued down to rehabilitation for the defendant. This is not an easy sell to the judge and jury. You need an attorney who can attest to your character by citing examples of your good doing and calling upon witnesses in your favor.

Many times the police and prosecutors will turn a simple possession charge into the intent to deliver. Pa. Code §7508 states that the intent to deliver any narcotic is considered trafficking and requests the mandatory minimum sentencing of state incarceration.

There are many ways to fight drug charges. The first is to re-examine all the evidence and the search procedures of the arresting officers. Police will often violate a suspect’s Constitutional rights. A good lawyer can argue that you were unaware of the controlled substance and support this by citing there were no fingerprints or DNA remains on the bag containing the narcotic. Even with all the evidence pointing in your direction, it is advisable to have an attorney to argue down the charges. At the very least, they can cite that you are an addict who will benefit from treatment and can show that you are in the process of receiving it.

For years, David W. Kaiser, Attorney at Law, has been defending citizens against drug charges. He believes that there are always two sides to the story and he wants to hear yours. Any information you provide will remain confidential. He has a track record of being aggressive in court and making sure you get a fair trial.

If you are facing drug possession or PWID charges in the Pittsburgh or surrounding areas, please call David W. Kaiser, Attorney at Law,  at 724-425-1110 and get the help you need today.  Call today for your free consultation.