Penalties for Possession of Schedule III & IV Drugs

September 28, 2017/in Drug Crimes /by R. Anthony DeLuca

pocket In the United States, drugs are regulated by a federal statute, the Controlled Substances Act. This Act classifies certain drugs into five schedules based on how high their potential is for abuse and addiction. These drugs are considered to be “controlled.” Illegal possession (meaning you don’t have a valid prescription), distribution, sales, or manufacture of any controlled substance is a prosecutable offense under both federal and state laws.

Schedule I drugs have the highest potential for addiction and abuse, while schedule V drugs have the least potential.

What You Need to Know about Schedule III Drugs

Schedule III drugs have a low to moderate potential to be addictive either psychologically or physically. They are classified as moderately dangerous. In the U.S. they are used for medical purposes and can only be obtained by prescription. Some of these drugs include:

Anabolic steroids
Ketamine
Vicodin
Tylenol with codeine
Testosterone

What You Need to Know about Schedule IV Drugs

While schedule IV drugs are not as dangerous as schedule III, they do have an abuse potential. They are considered to have a low potential for psychological or physical addiction, so that risk still exists. These drugs are only available by a prescription in the United States and are intended for medical uses. Some of the drugs that fall under this category include:

Ambien
Soma
Ativan
Xanax
Talwin
Darvocet
Soma

Charges for Possession of Schedule III and IV Drugs in Pittsburgh

Under Pennsylvania law, a person is in possession of a controlled substance when they own it or have it in their possession such as on their person or on their property. If the controlled substance requires a prescription, but the person who is in possession of the drug does not have a valid prescription, they can be charged.

In Pennsylvania, in order for a person to be charged with possession of a controlled substance, the prosecutors must prove that the alleged offender:

Intentionally and knowingly had control of an illegal drug
Knew that the drug was illegal and knew it was present
Had the intention of using or controlling the drug
Had actual or constructive possession of a controlled substance. This means that the drug was on their person or in a place where they had control over it such as in their vehicle or in their dresser drawer in their bedroom at home

Pennsylvania Penalties for Possession of Schedule III and IV Drugs

If you are caught with the possession of a schedule III or IV drug, the penalty is up to one year in jail and/or a fine not to exceed $5,000. If convicted, your driver’s license will also be suspended. The length of the suspension depends on how many offenses you have:

First offense: 6 months
Second offense: 1 year
Third offense: 2 years

Selling or Intent to Sell Schedule III or IV Drugs

If you are caught with schedule III and IV drugs in your possession, the penalties can be severe. However, if it is determined that you had the drugs in your possession because you were selling them or intended to sell them, the penalties can be even worse.

There are certain factors that will determine the severity of your sentence and the judge will take them into consideration. These include:

The amount of drugs that you had in your possession
If there were any weapons present
If you were near a school when you were caught with the illegal drugs and arrested
Whether you have any prior convictions

The penalties for selling controlled substances are:

Schedule III drugs
- Up to five years in prison
- Fine of up to $15,000
Schedule IV drugs
- Up to three years in prison
- Fine of up to $10,000

What to Do If You Have Been Charged with Possession of a Schedule III or IV Drug

A possession charge is a serious matter. The first thing you should do is hire a lawyer and do not talk to the prosecutors or police until that lawyer is with you. Your attorney will discuss the circumstances surrounding your arrest and the events that led up to it. It is very important that you are honest and provide as much information as possible. Remember, your lawyer is there to help you.

Drug possession charges are a serious matter. If you have been arrested for possession of schedule III or IV drugs, you need a lawyer who will go to bat for you in the courtroom. Call DRK Attorneys and get the help you need. The initial consultation is free. Don’t do this alone; call today.

Possession with Intent to Deliver

September 27, 2017/in Drug Crimes /by R. Anthony DeLuca

If you’ve been charged with Possession with Intent to Deliver, also known as PWID, in Pennsylvania, begin to plan your next steps as soon as possible. This serious felony can be accompanied by very serious fines and penalties. It can also ultimately impact your ability to gain employment or make ends meet if you’re convicted in the end.

Understanding Possession with Intent to Deliver

Law enforcement determines which charge is applicable based on the amount of drug present, whether there was excessive cash present, and how the drug was packaged if they find drugs on your property or person. A PWID charge is much more serious than possession for personal use. PWID encompasses delivering, manufacturing, and possession with intent to deliver. “Delivery” of a controlled substance extends beyond sales to include offering drugs to a friend.

Because the court sees the recipient as a victim, possession with intent to deliver is more serious than personal use. The person who receives the drugs is now at risk of a myriad of problems associated with consumption or use of the drug.

Penalties for PWID

The penalties for Possession with Intent to Deliver can vary significantly from case to case. The judge considers several factors when issuing a sentence:

What drug was in possession (marijuana, heroin, cocaine, prescription drugs, etc.)
The amount of drugs in possession
Whether you have prior criminal convictions
Who you were delivering drug to (a minor, for example, may carry a more substantial penalty)

The best way to find out what kind of penalty you expect is to contact an experienced attorney who can reference case law in your area.

What to Do If You’ve Been Charged with Possession with Intent to Deliver

First and most importantly, don’t answer any questions or agree to be interviewed without an attorney present. Anything you say before, during, or after arrest can be used to convict you of the crime. Instead, show law enforcement respect, comply with their orders, and let them know that you want to contact an attorney to represent you in your case.

Choosing a Criminal Defense Attorney

When choosing a defense attorney, it’s important to find one who has represented clients faced with PWID charges in the past. You can ensure you’ve found the right attorney by asking the following questions in advance:

What outcome do you anticipate in this case?
Do you specialize in defending clients charged with drug crimes?
What approach or strategy would you take in my case?
What is your ultimate goal in representing me?

Their answers should be positive, but realistic. An honest attorney will tell you when it’s unlikely the charges will be dismissed completely, but is still committed to doing everything possible to achieve that outcome. Your defense attorney’s number one goal should be complete dismissal of the charges against you.

Can I Be Dismissed If I Really Committed the Crime?

In some cases, yes. If you committed the crime but the investigation was not conducted in a way that appropriately preserved evidence, ruled out other possibilities, and protected your rights, it’s possible the charges can be dismissed. In fact, many clients who seek the services of a criminal defense attorney leave with their charges dismissed due to law enforcement mistakes.

Who Should I Contact for PWID Charges in Pennsylvania?

If you’ve been charged with a drug crime in Pennsylvania, contact DeLuca, Ricciuti & Konieczka in Pittsburgh as soon as possible. They will ensure your rights are protected and you receive the best outcome possible. Not only do they specialize in drug crimes, but they have successfully represented hundreds of clients in the same position you’re in. They understand the impact this charge can have on your life and know it’s best to get it dismissed before it’s entered into your public record.

To find out more, including what penalties you can expect to face and what steps you should take next, contact DeLuca, Ricciuti, & Konieczka in Pittsburgh today.

Understanding Nebbia Orders And Your Criminal Narcotics Case in PA

April 13, 2015/in Drug Crimes /by DRK Attorneys

In most Pennsylvania criminal cases, a defendant will need to post ten percent of their bail amount in order to be released from police custody prior to their trial. Generally, anyone can act as the surety (person who pays the bond) without any concern from the court as to what the amount of the bond is or where the funds used to pay the bond have originated.

What Is A Nebbia Order?

In cases that involve large amounts of narcotics with significant charges against the defendant, it is usual for the government to request that a defendant’s family be prohibited from posting bail on their behalf until the source of the money can be verified as not having originated from illegal activities. Nebbia orders are intended as a counter-measure to the possibility that anyone facing significant charges due to involvement with a large scale drug operation had more than likely made significant monetary profits from such activities. As such, the government uses Nebbia orders in an effort to ensure that bail obligations are not satisfied with proceeds from illegal enterprise.

Satisfying a Nebbia Order

Once a nebbia order is in place the court will allow the defendant’s family to post bail only with proof that the money comes from a legitimate source. The court will require the person posting bail on behalf of the defendant to appear in court and provide documentation of the source of the bail money. Additionally, the person appearing will usually be required to testify under oath that they money they are offering for the bail is from a legitimate endeavor or source and not the profit of a criminal offense such as drug trafficking, money laundering and/or theft. The funds being used to guarantee the bail may be borrowed, if it can be shown that the loan will be repaid with legitimate funds.

A Nebbia Order Means Your Case Is Serious

When a Nebbia order is attached to a defendant’s bond it is a signal that the DA’s office is taking the criminal prosecution of the case very seriously. Nebbia orders are generally only used in cases involving significant charges, that have garnered a high amount of attention from the DA’s office. This means that is generally in a defendant’s best interest to hire a criminal defense attorney with significant experience in facing off against aggressive prosecutors.

How A Criminal Defense Attorney Can Help

A criminal defense attorney can file a motion to lift the Nebbia promptly to facilitate a more smooth and expeditious process for securing the defendant’s release from custody. Once the court has rescinded the Nebbia order, a motion for reduction of bail can be filed if the bail amount set by the court appears to be overly aggressive.

All of the criminal defense attorneys at DRK Lawyers are former assistant district attorneys. We understand criminal cases and defense from both sides of the courtroom. We use our trial experience and knowledge of the government’s tactics to help defend our clients every day in the state of Pennsylvania. If you are facing criminal and/or narcotics charges, please contact our team today.