The Pennsylvania Controlled Substances, Drugs, Device, and Cosmetic Act prohibits individuals from transferring or attempting to transfer illegal substances from one person to another. Whether an individual is successful in his attempt to transfer or not, if the amount of drugs in his or her possession is large enough, the individual can be charged with drug trafficking.
Philadelphia Drug Trafficking Defense Attorney
If you have been arrested and charged with drug trafficking, taking your charges seriously is critical. If convicted of drug trafficking, individuals have the potential to spend years behind bars. With so much at stake, it would be beneficial to have a dedicated drug crimes defense lawyer on your side.
At Alva & Shuttleworth, LLC we will fight to ensure that your rights are protected throughout the legal process. We represent individuals facing drug charges in and around Philadelphia, New Jersey, Bucks County, Montgomery County, Chester County and Delaware County. Call us today at (215) 665-1695 so we can discuss the particulars of your case.
Information on Drug Trafficking in Pennsylvania
- Actual or Constructive Possession
- General and Mandatory Penalties for Drug Trafficking Offenses
- Working with a Qualified Drug Trafficking Attorney in Montgomery County
In many drug trafficking cases, the deciding factor on whether or not the defendant will be convicted of the alleged offense is whether the prosecution can prove beyond reasonable doubt that the defendant was in actual or constructive possession of the narcotics.
In order to prove actual possession, the prosecution must show that the defendant had drugs on his or her body, in his or her car, or otherwise within an extremely close vicinity to them. Constructive possession consists of being aware of the presence of drugs, and having the ability and intent to possess them. This type of possession is usually more difficult to prove.
The penalties for drug trafficking are laid out in 18 Pa. Cons. Stat. 7508. Depending on the amount and type of drug, individuals convicted of drug trafficking can face varying penalties. Schedule I and Schedule II drugs are among the most commonly trafficked drugs in Philadelphia, and the mandatory minimum penalties for crimes involving drugs from these schedules include:
- 2-10 grams: Punishable by to 2 years in jail and a $5,000 fine.
- 10-100 grams: 3 years in prison and a fine of $15,000.
- Over 100 grams: to 5 years in prison and $25,000 in fines.
The penalties above are the general penalties for most drug trafficking offenses. However, there are some drugs that have a specific set of penalties that differ from the general penalties. The mandatory minimum penalties for specific drugs are:
- 2-10 pounds: One year in prison and a fine of $5,000
- 10-50 pounds: Three years in prison and a fine of $15,000
- Over 50 pounds: Five years in prison and a $50,000 fine
- 2-10 grams: One year in prison and a $5,000 fine
- 10-100 grams: Three years in prison and a fine of $15,000
- Over 100 grams: Four years in prison and a fine of $25,000
- 5-10 grams: Three years in prison and a $15,000 fine
- 10-100 grams: Four years in prison and a $25,000 fine
- Over 100 grams: Five years in prison and a $50,000 fine
It is also important to note that if an individual has previously been convicted of drug trafficking, he or she can face enhanced penalties, regardless of which drug he or she is accused of trafficking.
A conviction for drug trafficking has the potential to drastically change your life. Individuals convicted of this crime often spend years in prison, and pay substantial amounts of money in fines.
If you have been charged with drug trafficking in Philadelphia, Montgomery County, Chester County, New Jersey, or the surrounding areas, Alva & Shuttleworth, LLC is ready and willing to serve you. Contact us today at Alva & Shuttleworth, LLC and let us begin developing your defense.