Drug Crime Defense Attorneys in State College, PA
Drug crimes are bad news for college students and everyone else.
Although public attitudes about drug use have changed significantly in recent years, law enforcement officers are as aggressive as ever when it comes to drug possession and other drug crimes. Every year, millions of people go to jail over a tiny amount of drugs. These individuals usually face harsh punishments that include mandatory minimum sentences. In other words, many people believe drug users are victims who need help. But to authorities, these people are criminals who deserve punishment.
Times may change, but the experienced drug crime defense attorneys in State College, PA, at Decker Bradburn still use the same basic approach in these cases. This approach includes a thorough case review, meticulous evidence evaluation, and tenacious representation in court. At the same time, our drug crime defense attorneys in State College, PA, constantly refine and update our techniques to better connect with today’s jurors and get better results.
Drug Crime Penalties
The most common drug crimes in Pennsylvania are simple possession and PWID (possession with intent to deliver). These cases almost always include at least one drug crime enhancement.
Possession of marijuana (POM) is still illegal, although some municipalities have partially decriminalized POM. Possession of under thirty grams, even a quantity like a half-smoked joint, is punishable by up to thirty days in jail and a $500 fine. Possession of a larger amount usually means a maximum $5,000 fine and up to one year in jail.
Drug possession penalties quickly escalate. For other controlled substances, like cocaine, heroin, and prescription painkillers, penalties range from a $500 fine and up to one year in jail to fifteen years in prison and a $250,000 fine or more for felony possession.
PWID is usually a felony. The maximum penalty varies, mostly depending on the amount and type of drugs.
Marijuana penalties vary based on weight, with cultivation potentially leading to felonies and mandatory minimum sentences based on the number of plants. Penalties for heroin, cocaine, and other Schedule I or II substances include hefty fines and prison sentences ranging from a minimum of one year to potentially 15 years for heroin, oxycodone, methadone, or LSD, or ten years for cocaine, crack, PCP, or methamphetamine.
The aforementioned mandatory minimums, which the court must add to a sentence regardless of other factors, apply to two to ten pounds of marijuana (one year in prison and a $5,000 fine) and ten to under 100 grams of heroin (three years in prison and a $15,000 fine).
Drug crime enhancements include distributing drugs within 1,000 feet of a school or 250 feet of a playground (mandatory minimum sentence of two to four years), distributing to a minor (one-year prison sentence), and prior convictions in Pennsylvania or another state.
Drug Crime Defenses
Procedural, substantive, and/or affirmative defenses usually apply in drug crime matters. Our drug crime defense attorneys in State College, PA, leverage these defenses during pretrial negotiations and at trial.
Fourth Amendment illegal stops, searches, and seizures are the most common procedural defense. Substantively, the state must prove all three basic elements of a drug crime (close proximity, exclusive possession, and actual knowledge) beyond any reasonable doubt. Common affirmative defenses include entrapment and coercion.
The aforementioned case evaluation allows our team to identify all possible defenses. Once we develop these defenses, we don’t settle for anything less than the best possible result under the circumstances.
Connect With a Thorough Centre County Lawyer
Your worst moment never defines who you are. For a confidential consultation with an experienced criminal defense lawyer in State College, PA, contact Decker Bradburn, Attorneys at Law by going online now or calling 814-308-8895. We deal with the direct and collateral consequences of criminal cases for college students.