What is the penalty for possession of a controlled substance in PA?
First Offense of Drug Possession: Misdemeanor, up to one year in jail, and a maximum fine of $5000. Subsequent Offense: Misdemeanor, up to three years in jail, and a maximum fine of $25,000.
What is the charge for possession of drug paraphernalia in PA?
Possession of Drug Paraphernalia, in violation of 35 P.S. § 780-113(a)(32), is an ungraded misdemeanor punishable by up to one year in jail and a $2,500 fine.
Is possession a felony in PA?
In Pennsylvania, Simple Possession is a misdemeanor. Penalties are: 1st Offense Simple Possession in Pennsylvania: Maximum of 1-year imprisonment, and/or a maximum fine of $5,000.
How do you get a possession charge dismissed?
If the prosecutor cannot prove the defendant knowingly and intentionally possessed the drugs through the use of witness statements, audio/video recordings, physical evidence, and crime lab analysis, then the drug possession charge should get dismissed or the defendant found not guilty at trial.
What is considered a controlled substance in PA?
All states regulate the possession of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for illegal possession. Pennsylvania classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture them.
Can you lose your license for drug paraphernalia in PA?
You won’t lose your driver’s license for a drug paraphernalia charge. A plea to drug paraphernalia is therefore a great alternative if there is simply a low probability of getting an acquittal or winning a motion to suppress.
How do you beat a possession charge in PA?
These defense strategies might help you beat the charges.
- Illegal Search. Your Constitutional rights outline that police can’t illegally search you or your property.
- Entrapment.
- Planted Evidence.
- The Substances in Question Weren’t Illegal Drugs.
- Contact the Law Offices of M.J. Snyder Today.
Can you get probation for a felony drug charge in Texas?
If you have never been convicted of a felony before, then Texas law mandates that the Judge must give you probation. In addition, even if you have been arrested of a felony drug charge before and even if you have a previous 12.44a, the Judge still must give you probation even if the State does not want to agree.
Are bongs illegal in Pennsylvania?
Importantly, while items like bongs and rolling papers constitute drug paraphernalia under Pennsylvania law, even bottles and other everyday household items can be classified as drug paraphernalia if the police believe they are being used for illegal drug-related purposes.
What is simple possession in PA?
Simple possession is knowingly or intentionally possessing a controlled substance by a person not licensed or registered to possess said substance. A charge of “simple possession” under Pennsylvania law assumes that the drug(s) possessed were intended for personal use.
What is the lowest misdemeanor in PA?
In order of most serious to least serious, Pennsylvania crime classifications include:
- Felony (2nd degree) (F2)
- Felony (3rd degree) (F3)
- Ungraded Felony (F3)
- Misdemeanor (1st degree)(M1)
- Misdemeanor (2nd degree)(M2)
- Misdemeanor (3rd degree)(M3)
- Ungraded Misdemeanor (Same as M3)
- Summary Offenses.
How much does it cost to expunge a misdemeanor in PA?
Attorneys typically charge between $700 to to $1000 to expunge your record. Take our free online eligibility test to see if you are eligible to have your PA criminal record expunged. People who were convicted of felonies or misdemeanors are not eligible for expungement, unless a pardon is received.
What is a Schedule 2 or 3 controlled substance in PA?
Schedule II drugs include morphine, PCP, cocaine, methadone and methamphetamine. SCHEDULE III. These drugs have less potential for abuse than the controlled substances previously listed and have a currently accepted medical use in treatment.