What Happens After You’re Charged with Possession with Intent to Deliver in PA?
Possession with intent to deliver (PWID) is a drug offense that could lead to lengthy prison sentences, hefty fines, and other penalties. If you are charged with possession with intent to deliver in Pennsylvania, it is important to understand what this charge entails and the consequences of a conviction. Additionally, being convicted of a PWID could include collateral consequences, such as difficulty finding employment or housing due to your criminal record.
Understanding the charge of PWID and its potential ramifications is essential for anyone facing this accusation. In this article, we will discuss what happens after you are charged with drug possession with the intent to deliver in PA and advise how to proceed best if you find yourself in this situation.
What Does It Mean to Be Charged with Possession with Intent to Deliver in PA?
The possession charge with intent to deliver is a serious drug offense that carries significant legal penalties, regardless of whether you are charged in Pennsylvania or another state. These drug charges are typically applied when law enforcement officials suspect an individual possesses a substance with the intent to supply it to others. Depending on the type and amount of substance in question, this charge can be prosecuted as either a misdemeanor or felony offense.
Under Pennsylvania law, a PWID charge also covers any action where you knowingly have or transport a controlled substance for distribution or sale. This includes illegally transporting, manufacturing, processing, packaging, storing, delivering, and distributing drugs.
In What Situations Can You Be Charged with Possession with Intent to Deliver in PA?
For you to be charged with PWID in Pennsylvania, there must be evidence that you knew that you had a substance and intended to pass it on to another person or persons. This can include circumstantial evidence, such as large amounts of money or drug paraphernalia found in your possession.
PWID also includes having enough drugs that could only reasonably be used for personal sale rather than personal use, such as having 500 pills of an illegal drug. Additionally, police officers may use informant testimony or audio/video recordings as supporting evidence for this charge.
What Are the Consequences of Being Charged with a PWID in PA?
The severity of the consequences associated with PWID depends on several factors, such as the type of controlled substance involved. For instance, possession with intent to deliver marijuana may be classified as a third-degree felony, resulting in up to five years in prison and/or large fines if convicted. On the other hand, possession with intent to deliver cocaine is classified as a first-degree felony which carries heavier punishments like up to 10 years in prison for each count charged.
Additionally, the penalties associated with a PWID charge depend on how much of the substance you had when arrested. For example, if you are found in possession of 1.0 to 5.0 grams of heroin, you will face criminal charges ranging from a misdemeanor to a felony. On the other hand, if you are found in possession of over 50 grams, you could face first-degree felony charges punishable by up to 10 years imprisonment and hefty fines of up to $25,000.
Not only are the types of drugs and the amounts factored into the penalties, but other things are also considered as well. Factors such as your criminal history, if you have had any prior drug offenses, and aggravating circumstances.
You Have Been Charged with Possession with Intent to Deliver in PA. Now What?
If you have been charged with possession with intent to deliver in Pennsylvania, the first step is for a judge to set your bail. Bail will depend on the severity of the charges and other factors, such as your criminal record and ties to the community. After setting bail, you may be released from custody or asked to remain in custody until your court date.
If the case is pushed forward, a preliminary hearing will be held where witnesses and evidence may be presented. This hearing intends to determine if there’s enough proof for the legal matter to head to trial. A judge will assess whether this criterion has been met or not.
At trial, both sides present their evidence, and witnesses may be called upon to testify before a jury or judge decides whether or not you are guilty beyond a reasonable doubt. If found guilty, your sentence is up to the court based on state laws and guidelines.
Don’t face this process alone. You need a reliable and experienced drug crimes lawyer like Attorney Marinaro to defend your rights. Get in touch with our law office today for a consultation.
Can You Appeal PWID Drug Charges?
If you have been charged with possession with intent to deliver in the state of Pennsylvania, it is possible to appeal the charges. Generally speaking, an appeal is a legal process that allows a party to challenge the rulings of a lower court’s decision by bringing it before a higher court. In Pennsylvania, the courts which can hear appeals from criminal matters are the Superior Court and the Commonwealth Court.
Though appealing criminal convictions can be difficult and challenging, those charged with PWID offenses in Pennsylvania have options for seeking relief through court motions. It is important to seek professional legal counsel when considering appealing any type of criminal conviction, as there may be specific requirements one must meet if you wish to file this type of motion successfully.
What Is Required When Filing An Appeal on A PWID Charge?
To appeal against an existing PWID charge in Pennsylvania, you must submit a post-trial motion within 10 days of being found guilty or sentenced for the offense through your legal counsel. The motion should be filed in writing and include details on why an appeal should be granted. These reasons can range from potential errors in procedure or judgment to newly discovered evidence that could exonerate you or suggest you are innocent of any wrongdoing.
What You Need to Know About The Burden of Proof
It’s important to note that the burden of proof lies solely with the defense when filing an appeal, as they will need to provide compelling evidence that your rights were violated during the trial or that justice was not served. It’s also important to note that appealing your conviction does not necessarily mean you will win your case; however, it may help you avoid jail time or reduce your sentence if successful.
Having the Right Criminal Defense Attorney in Lancaster, PA, on Your Side for a PWID Charge
Due to the seriousness of this crime and its potential consequences, if you are facing PWID charges, you should seek experienced legal representation immediately after arrest or charges are filed against you.
Marinaro Law Firm can help defend you and build your case against the PWID charge filed against you. When you are charged with possession with intent to deliver in PA, turn to us & schedule your consultation today!