Pennsylvania Drug Case Lawyer

Drug-related charges can and typically do have severe consequences. Klopp Law understands the complexities of drug-related cases. When it comes to drug-related offenses, Klopp Law has extensive experience and valuable insights that most lawyers cannot offer.

Understanding Drug Charges

The Controlled Substance, Drug, Device and Cosmetic Act, criminalizes activities related to certain drugs in Pennsylvania. The Controlled Substances Act is the federal counterpart to Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act.

The two most commonly charged drug-related offenses under Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act and its federal counterpart are Possession of a Controlled Substance and Possession with Intent to Distribute a Controlled Substance (PWID). While Possession is usually a misdemeanor offense, drug offenses involving Possession with Intent to Distribute are felony offenses.

Drugs are classified into separate categories based on their medical use and potential for abuse. These categories are known as “schedules.” The drug schedules usually correlate with the severity of the penalties for violating laws related to these drugs.

Schedule I drugs are considered to have the highest risk for abuse. This schedule includes drugs like Heroin, Ecstasy, Peyote, and LSD but also includes Marijuana.

Schedule II drugs are drugs with a high potential for abuse but with some medical applications. Drugs such as Demerol, Cocaine, Methamphetamine, Fentanyl, and OxyContin are in this schedule.

Schedule III drugs have lower potential for abuse and are considered less dangerous than the drugs in Schedule I and II. This category includes drugs such as Ketamine, Tylenol with Codeine, Anabolic Steroids, and Vicodin.

Schedule IV drugs are drugs with very clear medical applications and low chances of abuse even though dependency may occur. Examples of Schedule IV drugs include Valium, Soma, Darvocet, Ativan, Ambien, and Xanax.

Schedule V drugs are drugs with the lowest potential for abuse and the most legitimate medical uses. This category includes drugs such as Robitussin AC, Lomotil, Motofen, and Lyrica.

Defenses to Drug Charges

Depending on the specific facts of the case, Klopp Law may be able to beat drug-related charges. After a thorough case evaluation in which we scrutinize the evidence, we will assess avenues to get the charges dismissed prior to, or at trial. In drug cases, the Commonwealth has the burden to prove every element of every crime charged and if challenged, that the evidence the prosecution intends to introduce at trial was lawfully obtained.

Challenging Actual or Constructive Possession:
In cases where possession is an element of the crime, the prosecution can prove this element by showing the defendant had actual or constructive possession of the controlled substance. Actual possession means that the defendant had actual physical possession of the substance. 

To prove constructive possession, the prosecution only needs to prove that the defendant was aware of the presence of the controlled substance and had the intent to exercise dominion or control over it. To prove constructive possession the prosecution can use circumstantial evidence to create inferences that show the defendant constructively possessed the controlled substance.

Challenging the Sufficiency of the Evidence:
The prosecution bears the burden of proving each and every element of the offense charged at trial, beyond a reasonable doubt. For example, under section 780-113(a)(30) of the Controlled Substance, Drug, Device and Cosmetic Act, a person is guilty of Possession with Intent to Deliver a Controlled Substance if the person knowingly possesses a controlled substance with the intent to deliver it. 

Notice that knowingly is an element of the offense. This means that to secure a conviction for PWID the prosecution has the burden of proving beyond a reasonable doubt that the defendant knew that they possessed the controlled substance or counterfeit controlled substance. 

Another element of the same offense that the defendant had the intent to distribute the controlled substance or counterfeit controlled substance. Proving this element beyond a reasonable doubt can be an uphill battle for the prosecution in circumstances where a person is caught with personal use quantities of drugs and there is no other evidence to show that the defendant intended to sell the drugs. Klopp Law can challenge the sufficiency of the prosecution’s evidence by pointing out that the prosecution failed to prove each and every element of the offense charged.

Suppression of the Evidence:
Often, drug charges are brought following the search by law enforcement of a person or area where there is a reasonable expectation of privacy. The Fourth Amendment to the US Constitution and Article I Section 8 of the Pennsylvania Constitution protect individuals from unreasonable searches and seizures. 

If drugs are obtained as the result of a search and/or seizure that is found to be unconstitutional, then the evidence can be excluded completely from trial under the exclusionary rule, which would likely result in a dismissal of the charges. Klopp Law has successfully suppressed evidence and the charges against our clients were dismissed.

Sentencing Guidelines in Drug Cases

On January 1, 2024, Pennsylvania adopted a new sentencing structure that calls for higher sentencing guidelines for certain controlled substances than the previous version. Under the sentencing guidelines, depending on the type and quantity of drugs involved, a person can face up to 20 years of imprisonment for a single drug offense. 

On the other hand, when the offense is a minor one such as misdemeanor possession, the guidelines will typically call for the court to impose restorative sanctions or probation as sentence.

Klopp Law provides clients accused of violating various drug laws in Pennsylvania with comprehensive and strategic legal counsel and representation. Call Klopp Law today for a free and confidential consultation to discuss your drug case.

Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.