Drug Possession in Pennsylvania
Trusted Harrisburg Drug Crime Defense Lawyer
Have you been charged with drug possession? Possession is one of the most
common drug charges and can quickly yield serious consequences, especially
for individuals who have prior convictions. If you have you been accused,
then it is advised you retain tough, incisive representation to ensure
that your rights are protected and that every defense option is explored
to its fullest extent.
Curcillo Law, LLC, our award-winning legal team brings over 90 years of collective experience
to our cases. Clients who come to us can rest assured that their counsel
has countless times displayed prowess in and out of courtroom and will
make every effort to achieve a reduction or dismissal on their behalf.
Start a defense you can trust today. Use our consultation form to begin
the process now.
It is often the case that those charged with drug possession are not actually
found with a controlled substance on their person. This is because Pennsylvania
laws 35 P.S. §§ 780-101 – 780-144 deal with two distinct
kinds of possession when evaluating drug possession offenses.
Possession as defined for drug crimes is as follows:
Actual (or simple) possession: this occurs when a controlled substance is found on an individual's
actual person. So if a suspect is found with drugs in their hand, or in
their pocket, this is considered actual possession.
Constructive possession: constructive possession means that the controlled substances were not
necessarily in reach of the accused, but are allegedly under their control.
So, for instance, if a suspect is arrested in a parking lot of their work
place, and drugs are subsequently found in their office, this could still
constitute "possession"—even though the drugs were not
physically present during the suspect's arrest.
A conviction for drug possession can result in a maximum of one year in
jail and up to $5000 in fines. Repeat convictions can yield more serious
jail time and fines, as well. For more specific information on penalties
you may be facing, contact us.
Many of these cases, however, are vulnerable to vigilant defense strategies.
These charges rely on careful conduct by law enforcement and their respect
of your constitutional rights. If there was even the slightest violation,
a dismissal can be possible. Our skilled Harrisburg criminal defense attorneys
know what to look for in these cases, identify any the weak areas of the
state's evidence, and make sure that your rights are given every consideration
before a ruling is determined.
Maximum penalties can be avoided.
Contact our team now.