DRUG CHARGE dEFENSE aTTORNEY

Attorneys Charles Dutko and Corey Chwiecko have successfully represented client charged with drug possession, possession with intent to distribute, criminal use of a communication facility, corrupt organizations, and drug delivery resulting in death.

Marijuana - Pennsylvania law still considers marijuana a Schedule I drug. Therefore, marijuana possession in Pennsylvania continues to be a criminal offense. A person convicted of possessing a small amount of marijuana, less than 30 grams, is guilty of an ungraded misdemeanor with a maximum penalty of 30 days in jail and a $500 fine. 

However, small amount cases are treated differently from county to county. For instance, Berks County permits a defendant o complete a diversionary program and then will dismiss the charges. Lehigh County has no such program, but will allow a first-time offender into the ARD program. 

A person convicted of possessing more than 30 grams of marijuana could face a penalty of one year in jail and a $5,000 fine. 

Possession of Drug Paraphernalia - Drug paraphernalia includes having rolling papers, marijuana pipes, grinders, syringes, or any item for packaging or introducing a drug into a person's body. Possession of drug paraphernalia is an ungraded misdemeanor punishable by up to one year in jail and a $2,500 fine. 

Drug Possession - Possession of heroin, methamphetamine, cocaine - including crack cocaine - or other harsher drugs subjects a person to a maximum penalty of one year in jail and a fine of $5,000 for a first offense. The maximum penalty increases to three years imprisonment and a fine not to exceed $25,000 for a subsequent conviction.  

Possession with Intent to Deliver, Manufacture, or Distribute - PWI is commonly charged with the Commonwealth believes, through actual or circumstantial evidence, that a person is selling, manufacturing, or distributing illegal drugs. These cases are often based on undercover operations using undercover police officers and/or confidential informants to purchase drugs from a target subject. However, PWI charges can also stem from circumstantial evidence such as, the amount of drugs possessed, packaging materials, large sums of currency in small denominations, and cell phones. Penalties for conviction vary in PWI cases. If the substance is a Schedule I or II drug (narcotic) it is an ungraded felony and carries a maximum sentence of 15 years imprisonment and a $250,000 fine. If the substance is a Schedule I, II, or III it is a felony and carries a maximum penalty of five years imprisonment and a $15,000 fine.

Most drug charges stem from police use of a criminal informant. The credibility of the informant is a key issue in determining how a drug case will proceed. When defending drug charges it is also important to distinguish between a defendant that is using drugs and one that is selling drugs. 

Sentencing - Common Pleas Judges have discretion when sentencing a defendant. Most defendants do not receive the maximum penalty. Defendants are most often sentenced within the standard range, which is determined by the seriousness of the current offence (referred to as the offense gravity score, or "OGS") and the defendant's prior record score.

We've helped clients that have received drug charges in Berks, Lehigh, Carbon, Northampton, and Schuylkill Counties, including Allentown, Bethlehem, Easton, and Reading. Call Dutko & Chwiecko today and speak with an aggressive criminal defense lawyer for FREE!