Drug Possession Charges
Being charged with a drug crime can have serious consequences, but the charge itself does not determine the outcome of your case. The circumstances surrounding the arrest, the evidence collected by law enforcement, the type and quantity of the substance involved and what prosecutors believe you intended to do with it can all play an important role in how a case moves forward.
At Dethlefs Pykosh & Murphy, our criminal defense attorneys represent individuals facing drug charges in Harrisburg and throughout Central Pennsylvania. Whether you are facing allegations involving drug possession, possession with intent to deliver (PWID), drug distribution or trafficking, drug delivery resulting in death, prescription drugs, marijuana or federal drug charges, it is important to understand what you are facing and what options may be available.
If you have been arrested, charged or contacted by law enforcement about a drug-related investigation, contact a criminal defense attorney as soon as possible.
Jonathan White
Victor Schleich
Experienced Criminal Defense Attorneys
Get to know Attorneys Jonathan White and Victor Schleich.
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Drug Charges Defense Attorneys in Central Pennsylvania
Serving Dauphin, Cumberland, York & Surrounding Counties
At Dethlefs Pykosh & Murphy, our criminal defense attorneys represent individuals facing drug charges in Harrisburg and throughout Central Pennsylvania. Whether you are facing allegations involving drug possession, possession with intent to deliver (PWID), drug distribution or trafficking, drug delivery resulting in death, prescription drugs, marijuana or federal drug charges, it is important to understand what you are facing and what options may be available.
If you have been arrested, charged or contacted by law enforcement about a drug-related investigation, contact a criminal defense attorney as soon as possible.
Drug Charges We Defend
Our criminal defense attorneys represent clients in cases involving:
Simple possession and possession of a controlled substance
Simple possession generally involves allegations that an individual knowingly or intentionally possessed a controlled substance without legal authorization.
The potential consequences vary depending on the circumstances of the case, including the substance involved and a person’s prior record. Even when the allegations do not involve drug distribution, a conviction can create consequences that extend beyond the immediate criminal case.
An attorney can review how the drugs were discovered, where they were located, who had access to them and whether the evidence supports the possession charge.
Possession with intent to deliver (PWID)
Possession with intent to deliver is more serious than simple possession because prosecutors are alleging not only that an individual possessed a controlled substance, but that the person intended to deliver it to someone else.
Importantly, a PWID charge does not necessarily require an allegation that a completed sale took place. Intent may be inferred from the circumstances surrounding the alleged possession.
Depending on the case, prosecutors may point to factors such as the amount and packaging of the drugs or other evidence they believe indicates distribution rather than personal use.
Because the distinction between possession and intent to deliver can significantly affect the nature of the charges, the evidence supporting that allegation should be carefully examined.
Drug delivery and distribution
Drug delivery resulting in death is a particularly serious criminal charge in Pennsylvania. These cases generally involve allegations that an individual unlawfully delivered a controlled substance and that another person’s death resulted from using that substance.
These cases can involve complex questions about the circumstances of the alleged delivery, the evidence connecting the accused individual to the substance and the cause of death.
Because of the seriousness of these allegations and the potential penalties involved, it is important to have an experienced criminal defense attorney review the evidence and circumstances as early as possible.
Drug trafficking allegations
People often use terms such as “drug trafficking” or “drug distribution” broadly when describing serious drug charges. Under Pennsylvania law, however, the specific charges may involve the manufacture, delivery or possession with intent to manufacture or deliver a controlled substance.
These cases can involve allegations of individual drug transactions, larger quantities of controlled substances, ongoing distribution activity or conspiracy involving multiple people.
The terminology used to describe the allegations matters, but so do the underlying facts. An attorney can review what prosecutors are actually alleging, the evidence supporting those allegations and whether there are legal or factual issues that may affect the case.
Marijuana-related offenses
Pennsylvania has a medical marijuana program that allows registered patients with qualifying medical conditions to obtain medical marijuana through authorized dispensaries. However, having a medical marijuana card does not make every form of marijuana possession or use lawful.
Questions involving marijuana can be particularly fact-specific, including how the marijuana was obtained, and whether an individual was complying with Pennsylvania’s medical marijuana laws.
If you are facing a marijuana-related charge, including a case involving medical marijuana, an attorney can review the circumstances and explain how current Pennsylvania law may apply.
Prescription drug offenses
Controlled prescription medications can also lead to criminal charges when they are possessed, obtained or distributed without lawful authorization.
These cases may involve allegations related to opioids, stimulants, benzodiazepines or other controlled medications. The fact that a substance can legally be prescribed does not necessarily make possession lawful when the medication was not prescribed to the person possessing it or was obtained outside lawful channels.
Drug paraphernalia
Facing drug paraphernalia charges can have serious legal consequences. Dethlefs Pykosh & Murphy provides experienced legal representation to protect your rights, evaluate the evidence, and explore potential defense strategies. Our attorneys will help you understand your options and navigate the legal process.
Drug conspiracy
Drug conspiracy charges can carry significant penalties, even if you did not directly possess or distribute controlled substances. Dethlefs Pykosh & Murphy works to protect your rights, challenge the prosecution’s evidence, and build a defense tailored to your circumstances. Our attorneys will help you understand the charges and your legal options.
Federal drug charges
Federal drug charges often involve complex investigations, aggressive prosecution, and serious consequences under federal law. Dethlefs Pykosh & Murphy represents individuals facing federal drug offenses, taking a thorough approach to examining the government’s evidence, challenging investigative procedures, and protecting their constitutional rights. From the initial investigation through federal court proceedings, our attorneys work to protect your interests and pursue the strongest possible defense.
Drug delivery resulting in death
Drug delivery resulting in death is a particularly serious criminal charge in Pennsylvania. These cases generally involve allegations that an individual unlawfully delivered a controlled substance and that another person’s death resulted from using that substance.
These cases can involve complex questions about the circumstances of the alleged delivery, the evidence connecting the accused individual to the substance and the cause of death.
Because of the seriousness of these allegations and the potential penalties involved, it is important to have an experienced criminal defense attorney review the evidence and circumstances as early as possible.
What Should I Do After Being Charged With a Drug Crime?
Contact a criminal defense attorney as soon as possible.
You do not need to wait for the case to progress or for additional court proceedings before seeking legal advice. If police want to question you about suspected drug activity, you should speak with an attorney before answering questions.
Early involvement gives your attorney an opportunity to understand the allegations, review how evidence was obtained, identify potential legal issues and help you understand what comes next.
Avoid discussing the details of your case with people other than your attorney, including on social media. What may seem like a harmless explanation or comment can potentially become relevant to an investigation or prosecution.
Frequently Asked Questions About Drug Charges
Facing a drug charge can raise important questions about your rights, potential penalties, and legal options. Dethlefs Pykosh & Murphy have compiled answers to common questions about drug possession charges to help you better understand the legal process and make informed decisions about your case. Have a question that isn’t answered here? Contact us to schedule your free, no-obligation consultation.
Is drug possession a felony in Pennsylvania?
Not necessarily. How a drug possession offense is treated depends on the specific charge and circumstances, including the substance involved and a person’s prior record. More serious allegations, including possession with intent to deliver, can carry substantially different consequences. An attorney can review the actual charge and explain what it means in your case.
What is PWID in Pennsylvania?
PWID stands for possession with intent to deliver. In addition to alleging unlawful possession of a controlled substance, prosecutors allege that the person intended to deliver the substance to someone else. The prosecution does not necessarily need to allege that a completed sale occurred.
What Is the Difference Between Simple Possession and PWID?
The primary difference between simple possession and possession with intent to deliver (PWID) is the intended use of the controlled substance.
Simple possession generally involves possessing a controlled substance for personal use. PWID involves allegations that an individual possessed a controlled substance with the intent to deliver it to another person.
Importantly, prosecutors do not necessarily need to prove that a completed drug sale occurred to pursue a PWID charge. They may rely on evidence such as the quantity of drugs, packaging, communications or other circumstances to support allegations of intent to deliver.
How that intent is established, and whether the evidence supports the charge, can become an important part of the defense.
Learn more: Simple Possession vs. PWID in Pennsylvania: What’s the Difference?
What is the difference between possession and possession with intent to deliver?
Simple possession generally involves possessing a controlled substance for personal use. Possession with intent to deliver (PWID) involves possessing a controlled substance with the intent to deliver it to another person. A completed sale is not necessarily required for a PWID charge, and the evidence used to establish intent can vary depending on the circumstances.
Can I be charged with PWID if I was not actually selling drugs?
Potentially. Pennsylvania law does not require a completed sale for a PWID charge. Prosecutors may attempt to infer intent to deliver from the facts and circumstances surrounding the alleged possession.
Can police search my car for drugs?
Whether police may legally search a vehicle depends on the circumstances. Issues may include whether police had a warrant, probable cause, valid consent or another lawful basis for the search. If drugs were discovered during a vehicle search, an attorney can review how the stop and search occurred.
Can marijuana possession still result in criminal charges in Pennsylvania?
Yes. Pennsylvania has a regulated medical marijuana program, but medical marijuana is legal only within the requirements of that program. Marijuana-related charges can still arise depending on how marijuana was obtained, possessed or distributed and whether the individual was authorized under Pennsylvania law.
When should I contact a lawyer about a drug charge?
As soon as possible. You do not need to wait until a court date or until charges progress. If you have been arrested, charged or contacted by police about suspected drug activity, speaking with a criminal defense attorney early can help you understand your rights and avoid making decisions before you understand their potential consequences.
Does a confidential informant have to testify in a Pennsylvania drug case?
Not always. Confidential informants are commonly used in drug investigations, but their involvement does not automatically mean they must appear or testify in court. Whether an informant’s identity must be disclosed or their testimony is required depends on the facts and legal issues involved. An attorney can review the informant’s role in the investigation and how the evidence was obtained.
Can Drug Charges Be Challenged?
A drug charge does not mean that the prosecution’s allegations cannot be questioned. The appropriate defense strategy depends on the facts of the individual case, but several issues may warrant careful review.
Was the Search or Seizure Lawful?
The Fourth Amendment protects against unreasonable searches and seizures. Depending on how evidence was obtained, an attorney may examine whether police had a valid warrant, whether an exception to the warrant requirement applied, whether consent was lawfully obtained or whether a traffic stop or other detention was legally justified.
Did the Drugs Actually Belong to You?
Simply being near a controlled substance does not necessarily establish possession. When drugs are found in a shared home, vehicle or other location, questions may arise about who knew the drugs were there and who had control over them.
Can the Prosecution Prove Possession?
The prosecution must establish the elements of the offense. In cases where drugs were not found directly on an individual, the circumstances surrounding where they were found and the person’s connection to them can become especially important.
What Evidence Is Being Used to Allege Intent to Deliver?
In a PWID case, the prosecution must establish more than unlawful possession. The evidence being used to claim that the drugs were intended for delivery should be examined carefully, including the surrounding circumstances and any physical or electronic evidence involved.
Was a Confidential Informant Involved in the Investigation?
Law enforcement frequently uses confidential informants (CIs) when investigating suspected drug activity, particularly in cases involving alleged drug sales or possession with intent to deliver.
A confidential informant may provide information to investigators, participate in controlled purchases or assist law enforcement in gathering evidence.
However, the involvement of a confidential informant can raise important questions about how the investigation was conducted, how evidence was obtained and whether the informant’s information is reliable.
A confidential informant does not automatically have to appear or testify in court. Whether the informant’s identity must be disclosed or their testimony is necessary depends on the circumstances of the case and the applicable legal requirements.
An experienced criminal defense attorney can examine how a confidential informant was used, evaluate the evidence obtained through the investigation and determine whether any legal issues may affect the prosecution’s case.
Were Statements Obtained Lawfully?
Statements made to police or investigators can become important evidence in a criminal case. An attorney can review the circumstances under which statements were obtained and whether constitutional protections were followed.
Understand What Comes Next
Talk With an Drug Charges Criminal Defense Attorney
If you have been charged with drug charges, you do not have to make decisions based on assumptions about what will happen next.
Our criminal defense attorneys can review the circumstances surrounding your case, explain the charges and potential consequences, evaluate the evidence and discuss the options that may be available based on your situation.
Ask us anything about your case! We are here to help.
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