At DiDonato & Burke Law Firm, we understand that being arrested for drug possession can be a frightening and confusing experience. Whether it’s your first encounter with the law or not, drug possession charges carry serious consequences that can impact your life for years to come. As experienced attorneys serving the Philadelphia and Bucks County communities, we’re here to shed light on what drug possession charges entail, the potential penalties you might face, and some defense strategies we can employ if you find yourself in this situation.
What Exactly Are Drug Possession Charges?
Drug possession charges are criminal offenses that occur when a person is found to have illegal drugs on their person, in their vehicle, or in their home. These charges can vary widely depending on the type and amount of drug involved, as well as the circumstances of the arrest.
For our clients facing first time drug possession charges, it’s important to understand that even a small amount of an illegal substance can lead to serious legal trouble. However, first-time offenders may have more options available to them in terms of plea deals or alternative sentencing programs, and we’re here to guide you through these options.
Types of Drug Possession Charges
In our experience at DiDonato & Burke, drug possession charges generally fall into two categories:
- Simple Possession: This typically involves having a small amount of drugs for personal use. First time drug possession charges often fall into this category.
- Possession with Intent to Distribute: This more serious charge is levied when the amount of drugs is larger than what would be considered for personal use, or if there’s evidence of drug dealing (like packaging materials or large sums of cash).
The severity of the charge often depends on the type of drug involved. Drugs are classified into schedules based on their potential for abuse and accepted medical use. Schedule I drugs (like heroin or LSD) carry the harshest penalties, while Schedule V drugs (like some cough medicines with codeine) have the lightest penalties.
Potential Penalties for Drug Possession
As attorneys who have handled numerous drug possession cases, we can tell you that the consequences for drug possession can range from fines and probation to lengthy prison sentences. Factors that influence sentencing include:
- The type and amount of drug
- Prior criminal history (first time drug possession charges may be treated more leniently)
- Location of the arrest (possession near schools or playgrounds often carries harsher penalties)
- State laws (penalties can vary significantly from state to state)
For example, a first-time offender caught with a small amount of marijuana might face a fine or probation, while someone caught with a larger amount of cocaine could face years in prison. At DiDonato & Burke, we work tirelessly to secure the best possible outcome for each of our clients based on their unique circumstances.
Your Rights During a Drug Arrest
If you’re arrested for drug possession, it’s crucial to know your rights. We always advise our clients:
- The Right to Remain Silent: You don’t have to answer questions about the drugs or how you obtained them.
- The Right to an Attorney: You have the right to legal representation. We recommend contacting DiDonato & Burke immediately upon arrest.
- The Right to Refuse a Search: Unless the police have a warrant or probable cause, you can refuse to allow them to search you or your property.
Understanding these rights is especially important for those facing first time drug possession charges, as it can help prevent you from inadvertently making your situation worse.
Common Defense Strategies
At DiDonato & Burke, we employ several defense strategies depending on the specifics of your case:
- Challenging the Search and Seizure: If the drugs were found during an illegal search, we might be able to have them deemed inadmissible in court.
- Questioning Ownership: If the drugs were found in a shared space, it might be difficult for the prosecution to prove they belonged to you.
- Claiming Entrapment: If you were induced by law enforcement to commit a crime you wouldn’t have otherwise committed, this could be a valid defense.
- Arguing Lack of Knowledge: We might claim you didn’t know the drugs were in your possession.
- Disputing the Nature of the Substance: Sometimes, the substance believed to be an illegal drug turns out to be something else entirely.
For our clients dealing with first time drug possession charges, we often explore options like plea bargains or diversion programs that could help you avoid a criminal record.
Alternative Sentencing Options
Many jurisdictions offer alternative sentencing options, especially for first-time offenders or those with substance abuse issues. At DiDonato & Burke, we’ve successfully guided many clients through these programs:
- Drug Court: A specialized court program that combines rehabilitation with strict supervision.
- Deferred Adjudication: This allows you to complete probation and have your case dismissed without a conviction on your record.
- Pretrial Diversion: Similar to deferred adjudication, but occurs before you enter a plea.
- Probation: This allows you to avoid jail time but requires you to meet certain conditions, like regular drug testing or community service.
These options can be particularly beneficial for those facing first time drug possession charges, as they offer a chance to address underlying substance abuse issues and avoid the long-term consequences of a criminal record.
Long-Term Consequences of Drug Possession Charges
Even if you avoid jail time, a drug possession conviction can have far-reaching effects:
- Employment: Many employers conduct background checks and may be hesitant to hire someone with a drug conviction.
- Housing: Some landlords may refuse to rent to individuals with drug convictions.
- Education: Drug convictions can affect eligibility for federal student aid.
- Professional Licenses: Certain professions may revoke or deny licenses to individuals with drug convictions.
- Immigration Status: Non-citizens may face deportation or be denied citizenship due to drug convictions.
These potential consequences underscore the importance of mounting a strong defense, which is why having experienced attorneys like those at DiDonato & Burke on your side is crucial.
Seeking Help for Substance Abuse
If your drug possession charges stem from a substance abuse problem, we strongly encourage seeking help. Many courts look favorably upon defendants who take proactive steps to address their addiction. Options include:
- Inpatient or outpatient rehabilitation programs
- Counseling or therapy
- Support groups like Narcotics Anonymous
Taking these steps can not only help your legal case but also put you on the path to recovery and a healthier life.
Contact Our Philadelphia’s Defense Attorney for Drug Possession
At DiDonato & Burke Law Firm, we understand that facing drug possession charges can be overwhelming. With our long history of serving the Philadelphia and Bucks County communities, we’re here to provide expert legal guidance every step of the way. Whether you’re dealing with first time drug possession charges or have prior offenses, our experienced team can guide you through the legal process and help protect your rights.
Remember, a drug possession charge doesn’t have to define your future. With our defense strategies and your commitment to addressing any underlying substance abuse issues, it’s possible to minimize the impact of these charges on your life and move forward in a positive direction.
If you need assistance with your case, don’t hesitate to consult with us at DiDonato & Burke Law Firm. We’re here to fight for your rights and work towards the best possible outcome for your situation.
