Can you be charged with possession if the drugs weren’t found on your person?

Yes, under constructive possession charges, you could be charged with drug possession even if the controlled substances involved in the incident were not found on your person. Having controlled substances on your person constitutes actual possession. Constructive possession is a case prosecutors build based on assumptions about your knowledge and control over controlled substances in a shared space or hidden on the street or in public. For example, a prosecutor might pursue a case involving constructive possession if officers found drugs while searching your car or your home, or in a hiding spot in a place you frequent. Depending on the circumstances, it may be possible to challenge the case against you, particularly assumptions that you knew about or had control over controlled substances that were found in a shared space.

What is the penalty for drug possession in PA?

Under Pennsylvania law, simple possession of controlled substances is generally punishable by up to a year of incarceration plus a fine of up to $5,000. If you already have a prior drug possession offense on your record, these penalties could increase significantly to a prison term of up to three years and a fine of up to $25,000. For possession with intent to deliver controlled substances, penalties are much harsher. Depending on the type and schedule of the drug, you could face felony charges and sentences that include: Up to three years in prison and up to $10,000 in fines for a first offense involving a Schedule IV drug Up to five years in prison and up to $15,000 in fines for an offense that involves Schedule III drugs Up to 10 years in prison and up to $100,000 in fines for offenses involving methamphetamine, PCP, cocaine, or particularly large (exceeding 1,000 pounds) amounts of marijuana Up to 15 years in prison and up to $250,000 in fines, per the Department of Justice, for PWID charges involving Schedule I or II narcotics such as heroin Certain other factors, such as the involvement of firearms, can also increase the severity of the penalties you could face if convicted.

Will a possession charge stay on your record?

Yes, a drug possession charge can remain on your record permanently in Pennsylvania. A prior conviction can continue to compromise your personal and professional opportunities, including employment, education, professional licensing, and housing, long after you have completed your sentence. However, it may be possible to get your record cleared through the expungement process. Waiting periods apply before you become eligible for expungement. Attorney Samir Hadeed assists clients in determining eligibility and managing the demands of the expungement process.

How do you beat a possession charge in PA?

Beating a drug possession charge demands an effective defense and dedicated advocacy. You can’t expect to secure the most favorable outcome possible if you face the uphill battle of representing yourself in court or if you leave your defense in the hands of a representative who primarily appears in court hearings, without putting in the meticulous work needed out of court to build a customized defense strategy for you. Hadeed Law achieves outcomes such as dismissals of charges, reduction of charges, plea deals, entry into pretrial diversion programs, not-guilty verdicts, and lighter sentences through an approach that involves customized legal strategies informed by in-depth investigation and extensive legal knowledge.

Pittsburgh Drug Possession Lawyer | Drug Possession Defense Attorney Pittsburgh PA

Protect Your Rights With an Experienced Drug Possession Defense Attorney in Pittsburgh, PA, Advocating for You

Allegations of drug possession in Pittsburgh are serious legal issues. The case against you could result in prison time and thousands of dollars in fines. The more serious the charges you’re facing, including factors like large quantities of drugs, accusations of an intent to distribute them to others, and prior offenses, the greater the consequences a conviction could expose you to. Don’t wait to bring on a Pittsburgh drug possession lawyer at Hadeed Law to build your defense.

Many defendants think that charges like “simple” possession are relatively low stakes or easy to defend against, but once the reality of facing the legal system alone sets in, they realize how necessary professional legal representation is. That’s why Hadeed Law offers a free, confidential consultation. Defendants facing drug possession charges in Pittsburgh can take advantage of this offer to better understand their legal rights, the defense strategies that could help them, and the value of retaining an experienced attorney. Contact Hadeed Law today to schedule your no-obligation case review.

Caught With Weed? Call Hadeed for Help Defending Against Possession Charges

For criminal defense attorney Samir Hadeed, standing up for the rights of the common person accused of possessing small amounts of controlled substances is crucial. These defendants are going up against a rigorous criminal justice system that often focuses on punishment over leniency or rehabilitation, and they can face serious consequences.

Mr. Hadeed defends clients facing a variety of drug crime charges, and he has extensive experience crafting effective legal strategies against accusations of simple possession, possession with intent to deliver (PWID), and other crimes related to controlled substances.

Skilled Legal Help for Drug Possession Charges in Pittsburgh, PA

In Pittsburgh and throughout Western PA, charges of drug-related violations are brought under The Controlled Substance, Drug, Device and Cosmetic Act (Act No. 64 of 1972).

Section 4 of this act establishes which substances are prohibited by law and under what circumstances by classifying drugs into various schedules. Per this legal statute, examples of unlawful controlled substances by schedule include:

Schedule I: Heroin, LSD (lysergic acid diethylamide), and marijuana (referred to in the law as marihuana)
Schedule II: Cocaine, methamphetamines (crystal meth), and oxycodone
Schedule III: The anesthetic ketamine and sedatives classed as barbiturates
Schedule IV: Benzodiazepines, widely known by name brands like Xanax and Valium, that act as central nervous system (CNS) depressants
Schedule V: Prescription cough suppressants containing the naturally occurring opioid codeine

Schedule I drugs are the ones with no accepted medical use, high abuse potential, and, in cases of possession with intent to deliver charges, some of the harshest potential penalties for criminal violations. The lower the schedule in which a drug is classified, the greater its accepted medical uses.

The schedule in which a controlled substance is classified is one of the factors that can impact your criminal defense case. Other factors include:

The quantity of the drugs in question
Any record of prior drug offenses
Whether the drugs were found on your person (actual possession) or in a shared space you have access to (constructive possession)
The involvement of equipment such as scales and packaging materials, which can support a prosecutor’s assertion that you had an intent to sell or distribute drugs
The involvement of guns or weapons, which can result in more severe penalties than drug charges alone

To fight these charges effectively, you need the guidance of a Pittsburgh drug possession lawyer who will be your advocate while also executing a carefully calculated defense strategy.

What Constitutes Drug Possession Under PA Law

Possessing controlled substances without a valid prescription (when relevant) is a criminal offense under Section 13 of The Controlled Substance, Drug, Device and Cosmetic Act. In Pittsburgh, prosecutors often pursue charges based on either actual possession or constructive possession.

Actual possession is charged when you have been found with drugs on your person. Because the controlled substances were found on your person, prosecuting these cases can be more straightforward.
Constructive possession is charged when you are accused of being in control of controlled substances that were found in a shared space, like a home or vehicle someone else has access to, or hidden in a public place. In constructive possession matters, the prosecutor seeks to establish that you had knowledge of and control over the drugs, while your defense attorney challenges such assumptions.

Drug possession is a misdemeanor offense under Pennsylvania law, but the charge still carries serious consequences. Even a first offense can send you to jail for up to one year and lead to a fine of up to $5,000. Second and subsequent offenses can result in prison terms of up to three years and a fine of up to $25,000.

Pennsylvania law also recognizes the specific charge of possessing a “small amount of marijuana,” which is defined as 30 grams or less of marijuana and 8 grams or less of hashish. This offense, classified as an ungraded misdemeanor, can result in jail sentences of up to 30 days and a fine of up to $500.

Simple Possession vs. Possession With Intent to Distribute Charges

The term “simple” possession differentiates the charge of possessing drugs from possession with intent to deliver (PWID). PWID can be charged in any instance in which the prosecutor alleges that you intended to sell the drugs, transport them, manufacture them, or even distribute them without charge at a social gathering.

The prosecutor may build a case against you for allegedly intending to distribute the drugs in your possession based on:

The amount of the drugs discovered, with the prosecutor making a case that the quantity of controlled substances exceeded what would constitute personal use
Whether you also had equipment that could be used to measure or package drugs for delivery or distribution, including scales and baggies
The presence of a large amount of money, which the prosecutor may try to argue was obtained via drug sales

PWID charges are more serious than simple possession charges. As a felony offense, a PWID conviction can lead to years in prison and thousands of dollars in fines. If you’re accused of possession with intent to deliver Schedule I or Schedule II narcotics, like heroin, you could be facing a prison term as long as 15 years and a fine as high as $250,000.

What a Drug Possession Defense Attorney in Pittsburgh, PA, Can Do for You

Whether you’re facing simple possession charges or PWID accusations, effective legal representation is the key to minimizing the consequences of this legal issue. Having a Pittsburgh drug possession lawyer at Hadeed Law on your side means:

Having a professional conduct a diligent investigation
Ensuring that all evidence that supports your defense is obtained
Having a legal strategy developed based on the specific facts of your unique situation
Relying on trusted legal counsel to advise you and represent you in all court proceedings and negotiations
Having the greatest likelihood of a favorable outcome, such as getting charges dismissed or reduced, gaining entry into a pretrial diversion program, negotiating a beneficial plea deal, or securing a not-guilty trial verdict

You deserve the full protections you’re entitled to under the law and an advocate who won’t back down from fighting for your rights.

How Hadeed Law Can Help

Hadeed Law represents clients accused of possession of all types of controlled substances and all quantities of drugs. Samir Hadeed is the attorney to call when you need help with any of the following:

Identifying all opportunities for challenging the assumptions behind constructive possession charges
Calling into question police procedures and the chain of evidence handling, which can be especially valuable in cases involving actual possession allegations
Highlighting weaknesses in the prosecution’s efforts to establish that you intended to sell or distribute the drugs in a PWID case

As a dedicated drug possession defense attorney in Pittsburgh, PA, Samir Hadeed handles every aspect of the legal process to support his clients’ defense. He develops calculated strategies and customized arguments based on your individual circumstances and your goals.

Why Choose Hadeed Law as Your Pittsburgh Drug Possession Lawyer?

Defendants who turn to Hadeed Law for a Pittsburgh drug possession lawyer they can count on benefit from having legal counsel that is willing to consider all options that benefit them, approaches their case with genuine compassion, and overcomes barriers to obtaining professional representation.

Commitment to Exploring All Legal Options

Each drug possession case is unique, and your legal strategy should be, too. With skills in both negotiation and courtroom representation, Samir Hadeed is prepared to consider all options for resolving your case favorably, from pushing for dismissals through pretrial motions to advocating for entry into diversion programs, negotiating plea bargains with the prosecutor, and presenting clients’ cases in court.

Compassion for the Difficulties Posed by Criminal Charges

Mr. Hadeed brings to every case genuine care and compassion for his clients, with an understanding of what they’re going through and a focus on providing the support they need. This is a difficult time, but with Hadeed Law on your side, you have the guidance necessary to manage the legal process with confidence.

A Client-Focused Approach That Puts Legal Help Within Reach

Many obstacles can stand in the way of getting the legal representation you need, but Hadeed Law addresses these challenges so that every defendant in Pittsburgh has the chance to obtain representation. Samir Hadeed provides free case reviews and multilingual services, supporting clients who speak English, Spanish, Arabic, Portuguese, and Italian.

Contact a Pittsburgh Drug Possession Lawyer at Hadeed Law Today for a Free Case Evaluation

A drug possession conviction could change your future, restrict your freedom, and limit your opportunities for years. You can fight back against these charges, and an experienced attorney who is dedicated to getting favorable results for your case provides valuable resources for this legal battle.

For help from a drug possession defense attorney in Pittsburgh, PA, contact Hadeed Law online or call 412-275-5413 today.

Pittsburgh Drug Possession Lawyer