A Strong Defense for Drug Crimes in Philadelphia

Facing drug charges in Philadelphia can lead to severe consequences, including jail time, hefty fines, and a permanent criminal record. You need a dedicated criminal defense lawyer who understands the local landscape and is committed to protecting your rights. At Fienman Defense, we provide aggressive, proactive legal representation for drug crimes, especially in areas like Kensington and North Philadelphia, where drug-related arrests are common. Our experience with local courts, such as the Philadelphia Municipal Court and the Philadelphia Court of Common Pleas, allows us to navigate complex legal processes and develop effective defense strategies tailored to your case.

Whether you’re facing charges for possession, trafficking, or distribution, Fienman Defense is prepared to challenge the evidence, question the legality of searches, and work tirelessly to reduce or dismiss the charges. With a deep understanding of Philadelphia’s legal system and a proven track record, we are here to fight for your freedom and provide you with the strongest possible defense

You deserve to have a drug crimes lawyer who is equally committed to clearing your name. Fienman Defense has earned a reputation for proactive, aggressive legal care for drug crimes such as:

Simple Possession

Refers to having a small quantity of a controlled substance for personal use, without the intent to distribute. Commonly involved drugs include cocaine, heroin, MDMA, and prescription medications.

Possession with Intent to Distribute (PWID)

Occurs when someone is found with a larger quantity of drugs, paraphernalia indicating sales (like scales or baggies), or large amounts of cash, suggesting an intent to sell rather than personal use.

Trafficking & Distribution

Trafficking involves the transportation, sale, or distribution of large quantities of controlled substances. Charges are often based on the amount of the drug found and evidence of organized drug distribution activities. Distribution refers to the sale, delivery, or provision of drugs to another person, even if not for profit. The intent to distribute can be inferred from circumstances such as the amount of the drug, packaging, or tools associated with drug sales.

Manufacturing

Drug Manufacturing involves producing or cultivating controlled substances, including growing marijuana or creating methamphetamines. It also includes packaging and preparation of drugs for distribution.

Penalties by Drug Type

Cocaine

Possession of less than 10 grams may result in up to 1 year in jail and a fine up to $5,000.
Possession of 10 grams or more increases penalties, potentially resulting in up to 4 years in prison.

Heroin

Possession of up to 5 grams can lead to a felony charge with a 2-year prison sentence. Possession of 50 grams or more can lead to up to 5 years in prison.

Methamphetamine

Possession of less than 10 grams can result in up to 3 years in prison, while possession of 100 grams or more can lead to up to 5 years imprisonment.

Marijuana

Possession of 30 grams or less is generally a misdemeanor with potential jail time up to 30 days. Possession over 30 grams is treated more severely with penalties of up to 1 year in jail.

Arrested for Drugs in Philadelphia? Call Fienman Defense

Any drug crime may result in substantial criminal and collateral penalties. Our Philadelphia drug lawyers are relentless when it comes to defending your freedom.

Call Fienman Defense at (215) 839-9529 to schedule your free case evaluation.

Related Reading: 4 Police Mistakes That Could Get Your Drug Charge Dropped

Benefit from Our Trial-Tested Drug Crime Lawyers

We have helped clients walk away from drug charges and others to avoid the harshest penalties. Our experienced trial lawyers know how to assess a case for potential negotiation to a lesser charge or even a dismissal. While we cannot guarantee the outcome of your case, Fienman Defense has won acquittals in tough drug cases.

Our defense strategies begin with a careful examination of your case. It is possible to clear you of drug charges before you even see a courtroom if the police made errors during your arrest.

Illegal Search and Seizure

The Fourth Amendment of the Constitution protects citizens from “unreasonable search and seizure.” This protection extends to searches involving you, your car, your home, or your place of business.

Many drug arrests in Philadelphia begin with a traffic stop. The prosecution can only present lawfully obtained evidence. Any drugs or contraband obtained could be suppressed if the police lacked reasonable cause to pull you over.

Failure to Read Your Rights

Your arrest may also be unlawful or invalid if the arresting officer failed to give you Miranda Rights. You have the right to remain silent and to ask for an attorney. When the police intentionally or accidentally overlook this important detail, your attorney can pursue a dismissal.

Entrapment by Devious Undercover Stings

Entrapment occurs when police officers induce a person to engage in a criminal act, such as buying drugs, that they otherwise would not do. Some undercover drug stings cross the line from law enforcement to entrapment.

Entrapment is a viable defense in certain drug cases.

Drugs Belong to Someone Else

If you share your home, apartment, or dorm, your roommate could possess drugs without your knowledge or consent. A Philadelphia drug crime lawyer looks for evidence that disputes the drugs belonged to you, such as testimony from an eyewitness or fingerprints.

Substance Is Not an Illicit Drug

The prosecution must show that the substance found on you or in your home is an illicit drug. An attorney can push for a mistrial or dismissal if there are errors or discrepancies in handling evidence or testing.

You Have Authority or Permission

Recreational marijuana is not legal in Pennsylvania, but medical cannabis is permitted with a prescription from an authorized provider. As long as you are within the legal limits, a licensed medical cannabis user is not breaking the law. Likewise, a pharmacist or other authorized individual may carry or transport certain drugs as part of their job.

Lack of Intent

Without solid evidence that you intended to sell or distribute drugs, the prosecution may have difficulty proving that you are a drug dealer or trafficker. It is challenging to win a conviction based solely on circumstantial evidence.

We Handle all Drug Crimes

Philadelphia Drug Crime Penalties

The penalties for drug crimes in Philadelphia can vary widely, ranging from minimal fines to life imprisonment. The specific sentence you may face depends on several critical factors that the court considers during sentencing:

  • Amount of Drugs: The total amount of drugs found in your possession plays a significant role in sentencing. Larger quantities typically suggest intent to distribute, leading to harsher penalties compared to charges for personal use.
  • Quantity: The overall quantity, especially when it surpasses certain legal thresholds, can escalate charges from simple possession to trafficking or distribution. For example, possessing a substantial amount of cocaine or heroin can result in mandatory minimum sentences and significantly higher fines.
  • Type of Drug: Different drugs carry different legal consequences. For instance, offenses involving Schedule I drugs like heroin or MDMA often carry more severe penalties than those involving Schedule V substances like certain prescription medications.
  • Prior Convictions: Having a criminal history, especially previous drug-related offenses, can lead to enhanced sentencing. Repeat offenders are likely to face stiffer penalties, including longer prison terms and higher fines, under Pennsylvania’s habitual offender laws.
  • Use of Force: If the drug crime involved violence or threats of violence, such as during a drug sale or distribution, the penalties are likely to increase. Crimes that involve force are treated more severely to deter violent drug-related activities.
  • Weapon Involvement: Possessing or using a weapon during a drug offense, whether it’s a firearm or any other dangerous weapon, results in enhanced charges. This can lead to additional charges like illegal possession of a firearm, which further increase the potential penalties.
  • Location of the Crime: Drug offenses committed in certain locations, such as within 1,000 feet of a school, playground, or on federal property, automatically trigger stiffer punishments. Pennsylvania law imposes harsher penalties for drug crimes in these sensitive areas to protect vulnerable populations and deter drug activity in public spaces.

These factors are crucial in determining the severity of the sentence in drug-related cases. Understanding how these elements impact your case can help you and your attorney develop a more effective defense strategy to potentially reduce your charges or mitigate the penalties you face.

FAQ Philadelphia Drug Charges

What Are My Rights During a Drug Arrest?

During a drug arrest, you have specific rights designed to protect you. These include the right to remain silent and the right to an attorney. It’s crucial not to answer any questions without your lawyer present, as anything you say can be used against you in court. Additionally, you have the right to refuse a search if the police do not have a warrant. Knowing and exercising these rights can prevent you from inadvertently harming your case.

What Should I Do If the Police Want to Search My Property?

If the police ask to search your home, car, or belongings, you are not obligated to consent if they do not have a warrant. Politely decline the search by stating, “I do not consent to a search.” If the police proceed without a warrant or probable cause, any evidence they collect may be challenged in court. Contact a defense attorney immediately to protect your rights and ensure any illegal search or seizure is addressed.

What Impact Can a Drug Conviction Have on My Professional License?

A drug conviction can severely impact your professional license, especially in fields like medicine, law, and education. Depending on the profession and the severity of the conviction, you may face suspension, revocation of your license, or disciplinary action from your licensing board. Fienman Defense can help negotiate with licensing boards and work to minimize professional consequences while defending your legal rights in court.

Why Hire a Lawyer When There Are Free Public Defenders?

We admire the hard work of public defenders. Public defenders are typically overworked and lack the staff and resources to devote a lot of time to your case. The value of an experienced criminal defense attorney is incomparable when you consider the risk of spending months or years in prison, losing your job, and ruining your reputation.

Are There Diversionary Programs or Alternatives to Jail for a Drug Crime?

An experienced drug defense lawyer will seek alternatives to jail or prison. One option is the Accelerated Rehabilitative Disposition program. The purpose of ARD is to help first-time, non-violent offenders avoid the criminal justice system. ARD includes substance abuse treatment, community service, probation, victim restitution, and other requirements instead of jail or prison.

How Do Drug Courts Work in Philadelphia?

Drug courts in Philadelphia offer an alternative to traditional criminal courts for certain drug offenses, focusing on rehabilitation rather than punishment. These courts are designed for non-violent offenders with substance abuse problems and aim to reduce recidivism through structured treatment programs, regular court appearances, and strict supervision. Participating in drug court can lead to reduced sentences, dismissed charges, or expungement upon successful completion of the program. Fienman Defense can help determine if drug court is an option for you and guide you through the process.

What If I’m Charged with a Drug Crime Involving Prescription Medication?

Being charged with a drug crime involving prescription medication can be complex, as it involves legal substances that may be misused or obtained illegally. Charges can range from simple possession to fraudulently obtaining prescriptions. If you are legally prescribed the medication, your attorney can present this evidence to refute the charges. Fienman Defense can evaluate your case, verify prescription legitimacy, and work to get charges reduced or dismissed.

Can I Reduce My Drug Charges Through a Plea Bargain?

Yes, in many cases, a skilled defense attorney can negotiate a plea bargain to reduce the severity of drug charges. Plea bargaining involves negotiating with the prosecution to plead guilty to a lesser charge in exchange for a more lenient sentence or reduced penalties. This can be particularly beneficial if the evidence against you is strong or if you want to avoid the uncertainty of a trial. Fienman Defense will explore all options, including plea bargains, to help minimize the impact of drug charges on your life.

What Should I Expect at My First Court Appearance for a Drug Charge?

Your first court appearance, often called an arraignment, is when you will be formally charged with the alleged offense and enter a plea. The judge will also decide on bail and set conditions for your release. It is crucial to have a defense attorney present to advise you on the plea to enter and to negotiate bail conditions. At Fienman Defense, we prepare you for every step of the court process to ensure your rights are protected from the start.

Could I Have a Drug Charge Expunged From My Record?

It is possible to have drug charges expunged from your record in specific circumstances. Fienman Defense can determine if your case qualifies for expungement. We also guide you through the application and hearing process.

What Should I Do if I Am Arrested on Drug Charges in Philadelphia?

First and most importantly, don’t answer any questions until you have a lawyer present. Even if a police officer seems friendly and promises to help you, politely decline to speak unless a criminal defense attorney is in the room with you.

Second, collect any information that could help your defense, such as receipts that provide an alibi at the time of the alleged crime.

Finally, don’t argue with officers during your arrest. Let a professional, reputable defense lawyer fight for you. Our Philadelphia drug crime lawyers understand what is at stake for you and your loved ones and work relentlessly on your behalf.

Don’t Just Accept a Drug Conviction. In Philly, Call Fienman Defense

Call us today at (215) 839-9529 for a free consultation, and let our experienced drug crime attorneys build a strong defense to protect your future.

Attorney Fienman is licensed to practice before the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the US District Court for the District of New Jersey, and the US District Court for the Eastern District of Pennsylvania.

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