Manufacture, Delivery or Possession with Intent to Distribute

 

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Manufacture, delivery, or possession with intent to distribute (PWID), is one of the most frequent drug charges in Philadelphia’s criminal courts. The Commonwealth of Pennsylvania takes drug dealing very seriously, and those convicted face long prison terms, fines, and life-long consequences.

As soon as you or a family member is charged with PWID, you will need to call an experienced criminal defense attorney to challenge the evidence, negotiate with the prosecutor, and fight to secure the best possible result.

In Philadephia and the surrounding areas, call drug attorney Michael Fienman at (215) 839-9529 for a free initial consult. It may be a difference in having the charges dismissed, reduced, or clearing your name.

Manufacture, Delivery or Possession with Intent to Distribute

Although the word “manufacture” is in the name, PWID simply means selling or distributing drugs.

If you are charged with PWID:

  • The arresting officer may have allegedly seen you dealing drugs like crack cocaine, heroin, marijuana or OxyContin.
  • The drug may have been for your own personal use, but the officer did not charge you with possession. He or she looked at the amount you had and charged you with intending to sell it.
  • The drug could have been distributed at a party for everyone to use.

PWID Investigatons: How Did the Police Identify You?

You may have been under police surveillance for some time before your arrest. If so, the police will have a wealth of information about you. They may also have used a confidential informant to learn about your alleged activities.

Once the police have a warrant they can search your home and everyone in it. They will be able to hunt through every room in your house or apartment, including drawers and closets.

PWID Penalties

In Pennsylvania, the punishment for PWID is generally based on the type of drug involved as well as the amount of drugs you are caught with. However, other factors like if you had any weapons at the time, where you are arrested (for example, if you were near a school), and any prior convictions can heighten your penalties.

  • PWID of any other Schedule I, II, or III controlled substance – up to five years in prison and a fine of $15,000.
  • PWID of any Schedule IV drug – up to three years in prison and a $10,000 fine.
  • PWID of any Schedule V drugs is a misdemeanor – up to a year in prison and a $5,000 fine.

In addition, a first-time PWID conviction may result in having your license suspended for six months. For a second offense, it means a one-year suspension, and for a third offense, you will have a two-year license suspension.

What To Do If You Are Charged

If you are caught with drugs in your possession, it is important that you do not make any statements to the arresting officer about the drugs. Do not tell the officer who you believe the drug belongs to.

As with most criminal charges, you should not talk to the police or prosecutors without your attorney by your side. What you say can be taken out of context and used against you. If the police question you, tell them you want a lawyer and politely refuse to answer their questions.

What a PWID Lawyer Can Do for You

Your attorney will examine the alleged facts to first determine if there was probable cause to charge you lawfully.

  • If you were stopped in your car, your defense attorney will find out if there was probable cause to pull you over and to search you and the vehicle. Your attorney will look for ways to have any evidence suppressed.
  • Your lawyer will see if there are ways to show that the amount of drugs that were with you at the time of your arrest were for personal use only.
  • If the drugs belonged to someone else, your lawyer will try to find proof that they were not yours.
  • If the evidence against you comes from a confidential informant, your attorney will try to shred their credibility and expose their lies.

Attorney Fienman Can Help

When you are up against a with intent to distribute charge, you are likely facing inflexible laws and a determined prosecutor. You need an attorney who can help you determine all of your options and achieve the best outcome for your circumstances. Attorney Michael Fienman has a long track record of success in Philadelphia drug cases. He can examine the evidence, find any flaws in how it was collected, negotiate for the best possible outcome, and ensure a PWID conviction doesn’t define the rest of your life.

Pennsylvania Manufacture, Delivery or Possession Law

Manufacture, delivery or possession with intent to distribute charges are described and defined under The Pennsylvania Code under Title 35 Chapter 6. Read the code here.

Questions? Contact us today.

If at all possible, Fienman Defense will try to get the charges against you dismissed or see if a drug treatment program would be right for your situation. Based on the evidence and the constraints of mandatory sentencing, we will work hard to get your penalties lowered. And if your case goes to court, Fienman Defense will fight to win an acquittal.