Pennsylvania Lawyers for Drug Charges

Drug charges account for approximately one-third of all arrests in Pennsylvania. Drug charges can have severe consequences, including forfeiture of property, hefty fines, and lengthy incarceration. If you’re facing drug charges, the best action is to speak with our experienced Montgomery County and Bucks County drug crime lawyers.

Our drug crime defense attorneys offer free strategy sessions. They serve the accused in Bucks County, Montgomery County, and the surrounding areas.

Experience with Drug Charges in Court – From Both Sides

As a former prosecutor from the Montgomery County District Attorney’s Office Narcotics team, managing partner Steven Fairlie is very familiar with all aspects of handling drug cases. He has handled every type of drug case, from 560 kilos of cocaine in a tractor trailer to Possession of a Small Amount of Marijuana or Drug Paraphernalia, and he works every case using the same methodology and concepts.

Forfeitures

He has handled drug forfeiture cases and managed to save the home of a woman who had a forfeiture order entered against her while represented by another attorney. He has convinced a Judge that 28 grams of cocaine was for personal use rather than Possession With Intent to Deliver, making it a misdemeanor instead of a felony and avoiding a three year mandatory minimum state prison sentence.

Reducing Sentences

Before mandatory minimum sentences were ruled unconstitutional, Steve regularly argued Carroll hearings. Steve would argue that a portion of drugs were for personal use, so that no mandatory minimum applied to the balance of the weight. Hearings like this can still serve to reduce the applicable sentencing guidelines, reducing jail time. He has handled cases involving just about every drug around. Some of the more common drugs are Marijuana, Crack and powder Cocaine, Heroin, Methamphetamine (and crystal meth), MDMA (Ecstasy & Molly), Psychedelic Mushrooms, Oxycodone, Percocet, Xanax, Fentanyl, and many more.

Getting Drug Charges Reduced or Dismissed

Steven Fairlie is intimately familiar with suppression hearings and the applicable case law. He’s had many cases dismissed based on suppression of illegally obtained evidence (car stops without probable cause, illegal search warrants, and coerced consent searches).  He is knowledgeable in strategies such as reducing a charge of Acquisition of a Controlled Substance By Fraud under the Drug Act (which often carries an offense gravity score the same as armed robbery) to a charge under the Pharmacy Act (which is a very minor offense).

Steven frequently lectures at seminars for lawyers around the state. He has presented at the Pennsylvania Association of Criminal Defense Lawyer’s statewide seminar “The Defense of Narcotics cases” in State College. Whether you are looking to fight tooth and nail, or prefer to cut a deal or cooperate with the authorities, Steven Fairlie can provide you with the professional advice and direction that you need.  Call 215-997-1000 for a free no-obligation strategy session.

Pennsylvania Drug Laws

Pennsylvania drug penalties can be harsh, even for misdemeanors. Drug charges in Pennsylvania can be divided into two broad categories:

• Simple possession (misdemeanor)
• Manufacturing, delivering, or possessing with intent to deliver (felony)

Possession Drug Charges – Personal Use (Misdemeanor)

What does the prosecution have to prove?

In Pennsylvania, to prove a charge of possession, the prosecution must establish beyond a reasonable doubt that the defendant:

• knowingly and intentionally possessed a controlled substance (without a valid prescription);
• knew the drug was an illegal controlled substance; and
• had actual or constructive control or possession of the drug
  • Actual possession of an item is when someone knowingly holds, carries, or otherwise directly controls the possession of that item. Constructive possession requires knowledge of an item and intent/ability to possess it. For example, if you are at work you have constructive possession of the clothes in your closet at home. You know about the clothes and you have the intention of and power to wear them at some point in the future.

What Penalties am I potentially facing?

Penalties for drug offense convictions in Pennsylvania differ by the type of drug, the amount in question, prior criminal record, and particular facts of the case. Talking to an experienced drug-defense lawyer about your particular case is the only way to learn accurate information applicable to your case. It used to be that almost all drug offenses carried an automatic suspension of your driver’s license, but PA removed that penalty in 2018. Below are rough guidelines for various possession convictions in Pennsylvania.

Possession of Marijuana in Pennsylvania:

• 30 grams or less: Misdemeanor penalties of up to 30 days in jail and/or a fine of $500
• More than 30 grams: treated as a regular possession of controlled substance (see below)

Possession of other Controlled Substances, or more than 30 grams of marijuana

• Up to one year in prison and/or $5,000 fine for first offense
• Up to three years in prison and/or fine not exceeding $25,000 if the violation is committed after a prior conviction for ANY offense under the Drug Act (including Possession of a Small Amount of Marijuana or Possession of Drug Paraphernalia)

Possession of Drug Paraphernalia

• Up to one year in jail and/or a fine of up to $2,500

Drug Overdose Response Immunity Law

In 2014 Pennsylvania lawmakers enacted a “Good Samaritan Law” with regards to drug overdose events. Under this law, a person who would otherwise be subject to prosecution for Unlawful Possession of a Controlled Substance, Possession of a Small Amount of Marijuana, Possession of Drug Paraphernalia, and/or certain other misdemeanor drug offenses, as well as for a violation of probation or parole, is immune from prosecution if the person can establish the following:

1. Law enforcement officers only became aware of the person’s commission of such offense because the person transported a person experiencing a drug overdose event to a law enforcement agency, a campus security office or a health care facility; OR
2. All of the following apply:
   • The person reported, in good faith, a drug overdose event to a law enforcement officer or emergency services personnel and the report was made on the reasonable belief that another person was in need of immediate medical attention and was necessary to prevent death or serious bodily injury due to a drug overdose;
   • The person provided his own name and location and cooperated with the law enforcement officer, 911 system, campus security officer or emergency services personnel; AND
   • The person remained with the person needing immediate medical attention until a law enforcement officer, a campus security officer or emergency services personnel arrived.

The overdose victim should receive the same immunity if the reporting person is also immune.

Common actions that disqualify people from immunity under this law include lying to police or emergency personnel. People tend to lie about what happened or what substance the overdose victim used. Callers or victims also tend to lose immunity by attempting to conceal drugs or paraphernalia from police or EMTs.

Drug Dealing or Drug Trafficking Charges

How are these charges different from possession? The primary difference between drug dealing or drug trafficking charges and a charge of possession is that possession is when the controlled substance is for personal use without the intent to distribute the substance to another individual. Dealing or trafficking on the other hand can be divided into four broad sub-categories:

• Manufacture or creation of a controlled substance with an intent to distribute
• Selling or delivering a controlled substance to another
• Possession of a controlled substance in amounts large enough that presuppose intent to deliver. Here, the prosecution may rely on the type of drugs, the amount, the type of packaging used, the amount of money possessed, and similar circumstantial evidence.
• Conspiracy whereby you are charged for working in conjunction with, or aiding another individual who is dealing or trafficking a controlled substance.

In addition, the penalties for drug dealing or drug trafficking are generally more severe and are classified as “felony” offenses.

What penalties am I potentially facing?

Penalties for drug offense convictions differ by the type of drug, the amount in question, prior criminal record, and facts of the case. Talking to an experienced drug-defense lawyer about your particular case is the only way to learn accurate information applicable to your case. Most substances have the same “schedule” as federal drug Schedule classifications. It used to be that almost all drug offenses carried an automatic suspension of your driver’s license, but PA removed that penalty in 2018.  Below are rough guidelines for various intent to deliver or manufacture convictions in Pennsylvania:

• Schedule I or II narcotic drug, like heroin, fentanyl, or oxycodone – up to 15 years in prison and up to a $250,000 fine
• Phencyclidine (PCP), methamphetamine, cocaine and its derivatives, or marijuana in excess of 1,000 pounds – up to 10 years in prison and/or a $100,000 fine.
• Marijuana (anything less than 1,000 pounds, all the way down to small amounts) – up to 5 years in jail, fine of up to $15,000
• Any other Schedule I, II, or III drug not included above – up to five years in prison and up to a $15,000 fine.
• Schedule IV drug (most anti-anxiety drugs like Xanax and Klonopin) – up to three years in prison and up to a $10,000 fine.
• Schedule V drug (like codeine cough syrup) – up to one year in prison and up to a $1,000 fine.

Mandatory Minimum Sentences For Drug Crimes

UPDATE: In 2015 all drug-related mandatory minimum sentences in Pennsylvania were declared unconstitutional.  We’ve saved our page on that topic because there are always lawmakers who want to reinstate mandatory minimums that could pass constitutional challenge. Click here to read our page about Mandatory Minimums.

Depending on the charges, you may also face separate Federal penalties for drug distribution, sale, or trafficking.

Forfeiture:

After a home or a car is searched for controlled substances, the government often attempts to seize the property where the alleged criminal activity occurred if they can show that the property was used in the commission of the criminal activity. It is therefore critical to consult an experienced narcotics attorney if you are facing drug related charges to fight back and keep what is yours.

Drug Crime Defenses In Pennsylvania

Constitutional Defenses:

The 4th Amendment to the United States Constitution protects individuals from unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. Article I, Section 8 of the Pennsylvania Constitution provides the same privacy rights to an even greater degree.

The 5th Amendment to the United States Constitution protects against abuse of government authority in a legal procedure. This includes violations of the right against self-incrimination, like failing to give someone their Miranda warnings. Search and seizure is a critical aspect of any drug case. Law enforcement officers must follow very specific search and seizure rules in drug crime cases. These rules ensure that your rights under the Constitution are protected.

If the police violate state or federal search and seizure rights or rights against self-incrimination, the court will suppress the drugs or statements as being unlawfully obtained. Without this evidence, the prosecution may not be able to prove its case beyond a reasonable doubt. A well-versed drug-defense attorney will examine every Constitutional angle to reveal as to whether there was probable cause for the search in question, whether a search warrant was obtained legally, or whether consent to search was coerced.

Carroll Hearing:

These were much more common back when mandatory minimum sentences were used. However, they still have a place today in court because they can convince a judge to apply lesser sentencing guidelines, resulting in a shorter jail sentence or even probation. In Pennsylvania, defendants facing mandatory minimum drug distribution penalties could bring a Carroll Motion, named after a 1994 Pennsylvania case called Commonwealth v. Carroll. During a Carroll hearing, the sentencing judge receives evidence from the defendant and the prosecution to determine the weight of the drugs possessed and to determine whether the drugs were intended for distribution or personal use.

Fairlie & Lippy has the knowledge and experience in drug-related cases to make compelling arguments where at least a portion of the seized weight was possessed for personal use and not for distribution, potentially dropping the weight involved below the limit at which a mandatory minimum sentence would be imposed.

Nowadays, for example, if police charge you with possessing 11 grams of cocaine with the intent to sell it, but we can convince a judge that more than 1 gram was for personal use and not for sale, the judge would apply sentencing guidelines for under 10 grams, instead of over 10 grams. It is critical to have a well-versed drug-defense attorney in your corner, as a successful hearing could save you years in prison.

These are just a sampling of the defenses available. To determine what defenses might work in your case you should contact one of our lawyers for a free, in-depth consultation addressing the facts, circumstances and law applicable to your case.

Pennsylvania Alternative Sentencing Options

ARD (Accelerated Rehabilitative Disposition):

ARD is usually reserved for first-time non-violent misdemeanor offenses. This can include drug possession for personal use. Many programs like district court diversion programs and Section 17 may be a better option, but ARD can typically still be an option. It involves usually 12 months of probation, anywhere between 10 and 50 hours of community service, and mandatory drug/alcohol treatment. If the person complies with all conditions and doesn’t get arrested again, the case is closed and removed from the person’s record. Read more about ARD on our page dedicated to the ARD process.

Drug Court:

Many drug offenses are committed by people who struggle with addiction. As a result, Drug Court is available in Montgomery County, Bucks County, and other counties throughout Pennsylvania. It is usually reserved for felony drug charges like drug dealing. In these cases, it may be possible to work out an agreement that allows for time in treatment instead of jail. Successful completion of drug court programs can result in a more lenient sentence or lesser charges. Importantly, it also provides a first step towards a brighter future.

“Section 17” Probation:

Refers to Section 780-117 of The Controlled Substance, Drug, Device and Cosmetic Act in Pennsylvania. Under Section 17 Probation, individuals charged in Pennsylvania with possession of drugs and no prior record may be eligible for a probationary program. The person technically enters a plea of either guilty or no contest and is sentenced to probation. However, the case isn’t entered into the person’s record as a conviction. After successful completion of the program, charges are legally dismissed and the individual can petition the court to have his or her criminal record expunged.

Section 17 is similar to the Accelerated Rehabilitative Disposition Program (ARD program) but is even better than ARD if you follow the rules. An advantage of Section 17 is that it usually doesn’t disqualify you from ARD in the future. A drawback of Section 17 is that if you violate the terms, you don’t get to go to trial because you’ve already pled guilty or no contest, and you go right to sentencing. You would then have a criminal record and start probation all over again.

State Drug Treatment Program (SDTP):

This program replaced State Intermediate Punishment (SIP) in December 2019. It is reserved for nonviolent drug offenders with serious drug problems. It is a 2-year program that involves 4 different stages, or “levels,” of reintegrating the offender back into the community. Level 1 involves at least 7 months in state prison. Level 2 involves about 2 months in an inpatient rehab facility. Then, the person “steps down” into Level 3 and gets to go outpatient and/or to a work release facility for at least 6 months. In Level 4, the offender spends the rest of the 24 months doing things like getting a job, getting housing, and staying on the right track.

If at any point the offender violates the terms of the SDTP, their probation officer can file to remove him/her from the program. If after a hearing the original sentencing judge decides to remove the person from SDTP, it is treated just like a probation violation, and the person can be re-sentenced up to the statutory maximum. A brochure published by the PA Department of Corrections is available here: Pennsylvania SDTP Brochure

Youthful Offender Program (“YOP”):

Some counties have established a program for young adult defendants, typically age 18 to 24. Anybody under 18 is handled in juvenile court. If the person wouldn’t be a good fit for Drug Court because their crime wasn’t motivated by a drug addiction, YOP can sometimes be an option. We see YOP for drug charges most often in the context of young adults charged with selling marijuana. The conditions for YOP can differ from person to person but typically include intensive probation supervision and even boot-camp-like trainings. Upon successful completion, felonies are downgraded to misdemeanors, and a judge agrees to impose a pre-determined probation sentence.

Call Our Montgomery County Drug Crime Lawyers

At Fairlie & Lippy we will examine your drug charges from every angle, protecting your Constitutional rights and securing the best possible outcome. Whether you plan to fight the charges or plead guilty, a Doylestown, Pennsylvania Drug Lawyer from Fairlie & Lippy will focus on reducing any penalties you may face while increasing your opportunities to move ahead toward a brighter future. Call 215-997-1000 for a free no-obligation consultation so we can put our 75 years of experience in handling drug crimes to work for you.