Possession With Intent To Deliver
PA Possession with Intent to Deliver Drug Defense Attorney
In PA you may be charged and convicted of Possession with Intent to Deliver (PWI) without any direct evidence or testimony that you sold or had the intent to sell illegal drugs or narcotics. The prosecution may use circumstantial evidence to convict you. In other words, the government does not need to catch you in the act of selling drugs, the government may convict you if it obtained clues that you were selling drugs. These clues typically consist of instruments of the drug trade found on your property or person: scales, money, large bills, cell phones, beepers, pagers, baggies, packaging material, paraphernalia and drug residue in the residence. At trial the Commonwealth will most likely offer expert testimony from an experienced narcotics officer that the evidence found is indicative of “selling” drugs and not of drug use.
Heavy Drug Users are Not Necessarily Drug Dealers
Heavy drug users who possess instruments of the drug trade can be falsely convicted of Possession with Intent to Deliver in PA. The Commonwealth’s narcotics experts will accuse you of selling drugs. This does not mean you will be found guilty of selling drugs. The prosecution must prove you guilty beyond a reasonable doubt. Many times a heavy user can possess a large quantity of drugs because buying drugs in bulk is cheaper. Possessing small baggies, and packaging material makes drugs portable so a heavy user can divide the drugs up and take them to social occasions. It is impractical for a heavy user to carry a large quantity of drugs on their person. A good defense attorney should point these things out to the jury.
In PWI cases, it is important to retain an attorney that has experience taking these cases to trial. I have successfully tried narcotics and possession with intent to deliver/ PWI cases involving firearms, deadly weapons, firearm mandatory’s, school zone mandatory’s. Many of these cases involved serious stakes and serious penalties such as the five year drug and gun mandatory sentence.
Contact my office to schedule a free consultation. I will go over your PWI case in detail and go over all possible defenses.