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.
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 & Moscow, 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.
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.
General and Mandatory Penalties for Drug Trafficking Offenses
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:
Marijuana:
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
Cocaine:
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
Methamphetamine:
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.
Working with a Qualified Drug Trafficking Attorney in Pennsylvania
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 & Moscow, LLC is ready and willing to serve you. Contact us today at Alva & Moscow, LLC and let us begin developing your defense.
Drug Trafficking FAQs
What is the difference between PWID and drug trafficking in Pennsylvania?
Trafficking is not a separate statute in Pennsylvania - large-scale distribution is charged as PWID, with the quantity driving the sentencing guidelines and any applicable enhancements. What people call trafficking cases are PWID prosecutions built on wiretaps, surveillance, informants, and weight, often with federal agencies deciding whether to adopt the case.
What quantities trigger federal trafficking charges?
Federal mandatory minimums under 21 U.S.C. § 841 start at five years for 500 grams of cocaine, 100 grams of heroin, 40 grams of fentanyl, or 100 kilograms of marijuana, and rise to ten years at higher weights. Quantities below those thresholds are usually left to state prosecution.
How are trafficking cases investigated?
Through controlled buys with informants, wiretaps, pole cameras, GPS trackers, cell phone location data, and financial records - investigations that run months before any arrest. Each technique carries its own suppression law, and a defect in the wiretap authorization or tracker warrant can unravel evidence gathered downstream of it.
What is a confidential informant and can I learn who they are?
Most trafficking cases begin with an informant working off charges. Pennsylvania allows the defense to seek disclosure of an informant's identity when it is material to the defense, particularly if the informant was a participant in the alleged transaction rather than a mere tipster. Disclosure motions also pressure the Commonwealth's charging decisions.
Should I talk to investigators if they say they only want the bigger fish?
Not without a lawyer. Offers to trade information for leniency are real but unenforceable until reduced to a written agreement, and statements made in an unprotected interview can be used against you if the deal never materializes. Cooperation, if it makes sense, should happen through counsel under a proffer agreement.
Finding The Best
Attorney in PhiladelphiaFor Your Case
If you are facing any kind of injustice, be it a wrongful criminal accusation or being injured by the
negligence of another, a fearless Philadelphia attorney from Alva & Moscow, LLC can fight zealously for
your rights. We can serve as your criminal defense lawyer or your personal injury attorney. We apply our
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We represent clients throughout the Philadelphia area, including Bucks, Chester, Montgomery and Delaware
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