Drug Possession in Pittsburgh
When you are facing charges of drug possession in Pittsburgh, you could be facing steep fines and in some cases, may even face jail time. In addition, you will also have to live with a criminal record for the rest of your life unless you are able to have the record expunged.
While many believe that possessions of drug crimes are relatively minor, the penalties are harsh and you have to be aware of the potential charges you are facing as well as the repercussions of a conviction. It is important that you contact a criminal defense attorney immediately after being arrested so that you know your options and you will have someone representing your interests.
Proving Possession Charges
Keep in mind, if you are operating your motor vehicle and you have a friend in the car in possession of drugs, you may also face possession charges, even if the drugs were not on your person. In order to prove a drug possessions charge, the prosecutor must be able to demonstrate the following:
- You knew and had the intent to possess a controlled substance without having a prescription
- You had a general awareness that the drug in your possession was a controlled substance
- That you had “constructive” or actual possession of the drug
Only your criminal defense attorney who understands the law can fight prosecutors who wish to incarcerate and fine those who are in possession of cocaine, heroin, and marijuana. In many cases, your attorney can work to mitigate the charges against you by presenting other evidence to benefit you, such as a documented addiction wherein you may be eligible for treatment options instead of incarceration.
Possession with Intent to Distribute
In many cases, prosecutors will try to enhance a possession charge by claiming you had the intent to distribute drugs in your possession. It is important to understand that a law enforcement officer did not have to actually see you selling drugs before lodging these charges against you. In some cases, they will consider the location where you were arrested, how you were acting at the time of your arrest and how the drugs were packaged at the time of your arrest.
Penalties for Drug Possession
Drug penalties nearly always involve steep fines and in some cases may even include jail time. While there were mandatory sentence requirements associated with many drug crimes, some defendants may no longer be facing automatic jail time thanks to recent court rulings which determined that mandatory sentences may be a violation of the constitution. However, you can still face steep fines, between $1,000 and $10,000 depending on the drug you are in possession of and amount of drugs. In general, misdemeanor offenses for a first-time conviction will entail a $5,000 fine while subsequent convictions could mean higher fines and potential jail time.
In most cases, defendants are charged with a misdemeanor charge if they are in possession of a controlled substance. However, it is fairly common for the prosecutor to attempt to enhance the crime by adding on factors such as distribution or use of a telephone or the Internet for illegal drug purchases. These mitigating factors could result in felony charges.
Long-term Implications of a Conviction
It is important to remember that under Pennsylvania law, you will have a criminal record after you are convicted of any drug crimes and there is also a potential that you will face additional charges on federal level, particularly if you used a fraudulent prescription to obtain drugs. In addition to the high fines and other penalties associated with a possession charge, you will also have to live with a criminal record which could impact your job prospects and even housing prospects. If you are convicted under federal statutes, you could also face problems obtaining loans in the future. Anyone who is convicted under The Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act is prohibited from owning a firearm; even after they have paid their fines and served any sentence.
A drug possession charge should never be taken lightly; you should contact a criminal defense attorney immediately. Your attorney will look at all of the facts surrounding your case and force the prosecution to show the cause of the charges and do everything possible to reduce the charges against you or have them dismissed entirely.
More Information on Possession Charges