If you or someone you know has been charged with a controlled substance violation and are facing imminent criminal prosecution, it is extremely important to now develop your defense for trial and explore possible plea bargain options, which could include serving your time inpatient at a drugs and alcohol rehabilitation center if you or your loved wants sobriety. The experienced staff at Kendra I. McCrae, Attorney-at-Law LLC have a solid grasp of Pennsylvania’s drug laws thereby increasing your chances of success. To learn more about your legal options, contact Kendra I. McCrae, Attorney-at-Law LLC and receive a free review of your case.
DRUG POSSESSION OVERVIEW
Pennsylvania makes it a crime to willfully possess a controlled substance such as cocaine, heroin, methamphetamine or LSD. The extent of the penalty imposed if you are convicted of a crime involving the illegal possession of a controlled substance in Pennsylvania varies depending on the type of drug and quantity. Possession of small amounts of a controlled substance are typically deemed “simple possession” while possession of large amounts may result in a charge of “possession with the intent to distribute.”
REQUIREMENTS TO PROVE “SIMPLE POSSESSION”
Since “simple possession” presumes that the drug(s) are possessed for personal use, prosecutors must be able to prove beyond a reasonable doubt that you knew the drug in question was a controlled substance and that you had actual or constructive possession over the drug. “Actual possession” will typically be presumed if you are arrested with the controlled substance actually on your person while “constructive possession” will usually be presumed if the drugs are found nearby you in a car, house or apartment or you have access to the car, house or apartment where the drugs are found.
REQUIREMENTS TO PROVE “POSSESSION WITH THE INTENT TO DISTRIBUTE”
Prosecutors must be able to prove beyond a reasonable doubt that based upon the type of drug, the quantity and the surrounding circumstances you actually or constructively possessed these drugs with the intent to deliver them to at least one other unauthorized person. To prove possession with the intent to sell, prosecutors may present evidence such as digital scales, baggies, large amounts of cash primarily in small bills and testimony from other witnesses including, but, not limited to undercover police officers or confidential informants.