Drug Offense Defense Attorney
If you or someone you love has been accused, charged or arrested for a drug offense in Bucks County, you need an accomplished, award-winning criminal defense attorney who will fiercely defend you against any charges, protect your rights and treat you with respect.
Drug offense charges can lead to serious penalties including heavy fines and lengthy prison sentences. From charges of drug possession to drug trafficking, Keith J. Williams will fight hard to defend you against all charges and achieve the best possible results.
What are Drug Crimes in Pennsylvania?
Regardless of your drug charge, Bucks County criminal defense attorney Keith J. Williams can help you through skillful negotiation and aggressive litigation in these following areas:
What is a Controlled Substance in Pennsylvania?
Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act categorizes drugs into five different schedules based on the level of risk or addiction and whether there is any medical purpose to the drug. The five schedules range from the most serious drugs that carry the most severe penalties to the least serious drugs with the lightest penalties for any related offense.
Schedule I
Schedule I Controlled Substances have a high potential for abuse, no currently accepted medical use, and lack of accepted safety for use under medical supervision. Examples include heroin, LSD, Ecstasy, marijuana, peyote and methaqualone.
Schedule II
Schedule II Controlled Substances have a high potential for abuse, currently accepted medical use, or an accepted medical use with restrictions and abuse that may lead to severe psychic or physical dependence. Examples include narcotics such as opium, morphine, oxycodone, hydrocodone, fentanyl, cocaine; and stimulants such as methamphetamines, Adderall, Ritalin and methadone.
Schedule III
Schedule III Controlled Substances have a potential for abuse less than the substances listed in Schedules I and II, are well documented and currently accepted for medical use, with abuse that may lead to moderate or low dependence. Examples include drugs containing not more than 90 milligrams of codeine per dosage unit such as Tylenol with Codeine and Suboxone, as well as anabolic steroids.
Schedule IV
Schedule IV Controlled Substances have a lower potential for abuse than Schedule III drugs, a currently accepted medical use, and limited potential for dependence if abused. Examples include Xanax, Klonopin, Valium, Ativan and Restoril.
Schedule V
Schedule V Controlled Substances have a low potential for abuse, currently accepted medical uses, and very limited dependence if abused. Examples include cough preparations such as Robitussin AC and Phenergan with Codeine.
DRUG POSSESSION
A drug possession charge is not the same as a conviction. You are innocent until proven guilty. Keith J. Williams is dedicated to defending the rights of the accused and the presumption of innocence throughout Bucks County and works diligently to ensure the best possible results for his drug offense clients with an unwavering commitment to their defense.
What is Drug Possession in Pennsylvania?
In Pennsylvania, there are many controlled substances that are illegal to possess including marijuana, heroin, cocaine, methamphetamines and other drugs. In addition, it is illegal to possess certain prescription drugs such as Adderall, Vicodin and OxyContin without a valid prescription. A defendant will be found guilty of drug possession if the prosecutor proves beyond a reasonable doubt that the defendant knowingly and intentionally possessed a controlled substance.
What is the difference between Actual Possession and Constructive Possession?
Actual Possession means that a defendant has illegal drugs physically on their person. For example, the drugs were found in the defendant’s pocket, handbag or shoe.
Constructive Possession means that the defendant has knowledge of the illegal drugs and has control over and access to them. For example, the drugs were found in the defendant’s home or car.
What are Possible Drug Possession Defenses in Pennsylvania?
Criminal defense attorney, Keith J. Williams knows what to expect from the prosecution and will take the time to fully understand your circumstances to formulate an aggressive drug offense defense. Some defenses include:
What are Drug Possession Penalties in Pennsylvania?
Penalties for Drug Possession can include jail time, fines, mandatory treatment programs, being prohibited from owning a firearm, loss of parental rights and more.
Penalties for Drug Possession in Pennsylvania:
POSSESSION WITH INTENT TO DELIVER (PWID)
Before pleading guilty to charges of Possession with Intent to Deliver a Controlled Substance, Drug Trafficking or Drug Distribution contact Keith J. Williams Law. Whether taking your case to trial or negotiating a satisfactory resolution with the district attorney’s office, drug offense attorney Keith J. Williams has the knowledge, training and experience to avoid and/or minimize penalties you could be facing.
What is Possession with Intent to Deliver (PWID) in Pennsylvania?
Also known as Drug Trafficking and Drug Distribution, Possession with Intent to Deliver a Controlled Substance (PWID) generally involves possession and intent of distribution of a larger quantity of drugs than would be used by an individual. In addition, Pennsylvania law does not distinguish between simply giving controlled substances to another versus selling them. A PWID charge is classified as a felony even for a first offense.
How Does the Prosecution Prove Possession with Intent to Deliver Charges?
In Pennsylvania, for the prosecution to prove its case against a defendant charged with Drug Trafficking, it must show that the defendant grew, manufactured or obtained narcotics or a controlled substance, then delivered it, or intended to deliver it, to another person.
A defendant does not have to be caught in an actual sale of drugs as circumstantial evidence can be enough to prove drug trafficking. This evidence can include possession of a large quantity of drugs, cash or items used packaging and distribution of drugs such as scales and baggies.
What are the Penalties for Drug Trafficking/PWID in Pennsylvania?
Penalties for Possession with Intent to Deliver, also known as Drug Trafficking, are based on the Schedule the controlled substance falls into and quantity in possession of the defendant. Heavier penalties may be imposed based on weapons involvement, prior convictions and whether the defendant was arrested near a school or trafficked to a minor. A conviction for Drug Trafficking is a felony, and penalties can include imprisonment for up to 15 years and/or a fine up to $250,000.
Penalties for Schedule I or II Drugs with Intent to Deliver:
Penalties for Schedule III Drugs with Intent to Deliver:
Penalties for Schedule IV Drugs with Intent to Deliver:
Penalties for Schedule V Drugs with Intent to Deliver:
UNLAWFUL MANUFACTURING
Criminal charges of Unlawful Manufacturing of a Controlled Substance are serious and the penalties severe. If charges of Drug Manufacturing threaten you or your family, you need an award-winning, experienced drug offense attorney by your side. Keith J. Williams will work aggressively to keep you out of prison and reduce or eliminate any penalties you may be facing.
What is Drug Manufacturing in Pennsylvania?
Unlawful Manufacturing of a Controlled Substance or Drug Manufacturing is a crime in Pennsylvania. Pennsylvania law prohibits the manufacturing, production, preparation, compounding, conversion or processing, packaging or repackaging of controlled substances unless with authorization and license, such as by a chemist or pharmacist.
How Does the Prosecution Prove Unlawful Manufacturing Charges?
For the prosecution to prove its case against a defendant charged with Unlawful Manufacturing of a Controlled Substance in Pennsylvania, it must show beyond a reasonable doubt that the defendant manufactured the controlled substance and did not have a license to do so. According to The Controlled Substances, Drugs, Device, and Cosmetic Act of Pennsylvania, Unlawful Manufacturing can refer to any act to produce, prepare, propagate, compound, convert or otherwise process a controlled substance. Some examples are cultivating marijuana and operating a methamphetamine lab.
What are the Penalties for Drug Manufacturing in Pennsylvania?
Penalties for Unlawful Manufacturing, also known as Drug Manufacturing, are based on the Schedule of the controlled substance. Depending on the Schedule of the controlled substance, a conviction for this offense can be a misdemeanor or felony.
Penalties can include imprisonment up to 15 years and a fine up to $250,000. In addition, a defendant can also be charged with Drug Possession and Drug Trafficking. Heavier penalties may be imposed based on prior convictions.
PRESCRIPTION DRUG FRAUD
Obtaining prescription drugs by any fraudulent means is a crime in Pennsylvania. Whether you’re under investigation or have already been charged with Prescription Fraud contact experienced drug offense attorney Keith J. Williams for an aggressive defense and the best possible outcome for your case.
What is Prescription Fraud in Pennsylvania?
Legally referred to as Acquisition or Obtaining of Possession of a Controlled Substance by Misrepresentation, Fraud, Forgery, Deception or Subterfuge, Prescription Fraud refers to the act of obtaining or possessing prescription medication for personal use or for profit without a valid prescription or by any fraudulent means.
Some Examples of Prescription Fraud:
Medical Professionals Can Also Be Charged With Prescription Fraud. Some Examples:
Can Someone Charged with Prescription Fraud Face Other Charges?
Yes. Depending on the circumstances, if you are charged with Prescription Fraud also known as Acquisition or Obtaining of Possession of a Controlled Substance by Misrepresentation, Fraud, Forgery, Deception or Subterfuge, you can also be charged with:
What are the Penalties for Prescription Fraud in Pennsylvania?
The penalties for Acquisition or Obtaining of Possession of a Controlled Substance by Misrepresentation, Fraud, Forgery, Deception or Subterfuge, depend on the schedule and amount of the drug involved, and other factors such as prior convictions.
A conviction of Prescription Fraud is a felony and is punishable by imprisonment not exceeding fifteen years, or to pay a fine not exceeding two hundred fifty thousand dollars ($250,000), or both, or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal activity. Additionally, your driver’s license will be suspended for six months for a first offense, one year for a second offense, and two years for a third offense.
Medical professionals convicted of Acquisition or Obtaining of Possession of a Controlled Substance by Misrepresentation, Fraud, Forgery, Deception or Subterfuge, such as doctors and nurses, can have their professional licenses suspended or revoked completely.
Keep in mind, an arrest is not a conviction. Being charged with Prescription Fraud does not necessarily mean you are guilty. Experienced drug offense attorney Keith J. Williams works to ensure his clients’ rights are respected throughout the legal process and will vigorously challenge the prosecutor’s evidence to have your charges reduced or dismissed.
DIVERSIONARY PROGRAMS IN BUCKS COUNTY
With the goal of treating addiction and reducing recidivism, the Bucks County Court of Common Pleas offers two diversionary programs to defendants charged with substance abuse-related offenses: District Court Diversion Program (DCDP) and Drug Court. Successfully completed diversionary programs can lead to dropped or reduced charges as well as a chance for a much brighter future.
District Court Diversion Program (DCDP)
The Bucks County District Court Diversion Program (DCDP) is a voluntary three to six-month program designed to provide intervention services to a defendant with a substance use-related offense. The goal of DCDP is to provide assessment, intervention, treatment and recovery services for the individual.
Who Qualifies for the District Court Diversion Program?
To qualify for DCDP, the defendant must be a resident of Bucks County not currently on probation or parole and charged with: Possession of a Controlled Substance; Possession of Small Amount of Marijuana; Possession of Drug Paraphernalia; or a first-time offense for any substance other than marijuana.
How does the District Court Diversion Program work?
To determine if the defendant qualifies for the DCDP, the district attorney’s office will review the case. If approved, the district court will send a letter to the defendant offering participation in the program. At the preliminary hearing, the defendant will inform the judge of their decision to whether or not to accept the program. If the defendant declines participation in the program, the case will be scheduled for a hearing and will proceed through criminal justice system. If the defendant accepts participation in the District Court Diversion Program, they are required to:
Once the participant completes all requirements, the charges are dismissed at the District Court and can be expunged.
The Bucks County Drug Court Program
Many drug crimes are committed by people who struggle with addiction. Drug Court is a voluntary one to three-year program designed for these individuals that focuses on treatment and recovery as well as rehabilitation from criminal thinking behaviors instead of incarceration.
Who Qualifies for the Bucks County Drug Court Program?
To qualify for Drug Court, the offender must be a resident of Bucks County with no violent offenses who has either violated probation and is facing possible prison in a state facility, is considered pretrial, or is a post-plea, pre-sentence offender with a diagnosis of a substance use disorder or a co-occurring disorder.
How does Drug Court work?
The Bucks County Drug Court Program is based on four phases, which may be completed within 1 to 3 years. In phase 1, a participant must appear weekly in court. In phase 2, the individual appears every other week. In phase 3 and 4, he or she appears once a month. To successfully complete the program, Drug Court participants must:
For participants who are probation/parole violators, successful completion of the Drug Court program may result in the reduction or termination of any remaining supervision. For participants in the pretrial program, after entering a plea of guilty, sentencing will be deferred pending completion of the Drug Court program. Upon successful completion of the Bucks County Drug Court Program, the participant’s charges may be reduced, and the participant may be sentenced to non-reporting or administrative probation.
If you’ve been accused of a drug offense, call Keith J. Williams Law at 215-340-1134 for and aggressive, strategic, and affordable defense!
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