Reading Cocaine Possession Defense Lawyer
Pennsylvania attorney defends serious drug charges
When you are facing cocaine-related drug charges in Pennsylvania, the stakes are high. You need immediate and aggressive representation from a skilled defense attorney. David R. Eshelman has been practicing state and federal criminal law in Pennsylvania since 1975, representing individuals accused of serious drug offenses. As a Reading cocaine possession defense lawyer, he can identify weaknesses in the prosecution’s case and take all actions needed to protect your legal and constitutional rights.
Pennsylvania cocaine possession laws and penalties
Pennsylvania law grades drug offenses based on different Schedules. Cocaine is classified as a Schedule II controlled substance, since it has legitimate medical uses but carries a high risk of dependence. Charges and penalties vary depending on the facts of the case, prior convictions and whether there is intent to distribute.
Simple possession of cocaine is a misdemeanor is punishable by a jail term of up to one year, a fine of up to $5,000 and mandatory drug education or probation in some cases. For a second or subsequent offense, penalties increase to up to three years in jail and a fine of up to $25,000. These offenses also carry mandatory driver’s license suspensions of varying durations.
Possession of cocaine is not a felony unless it is charged as possession with intent to deliver (PWID). This crime is subject to mandatory minimum sentences based on the weight of cocaine involved, as follows:
- Two to 10 grams — One year imprisonment; $5,000 fine
- 10 to 100 grams — Three years imprisonment; $15,000 fine
- More than 100 grams — Four years imprisonment; $25,000 fine
A PWID conviction for less than two grams is not subject to mandatory minimum sentencing. Judges use their discretion in applying the state sentencing guidelines. A jail term of three to 12 months is possible, but first-time offenders may be given probation. In some circumstances, with approval of the district attorney, they may be eligible for a diversionary program.
Even low-amount possession can create long-term legal and personal consequences, which is why early legal intervention by a Reading criminal lawyer is critical.
How cocaine possession charges arise
Officers may locate cocaine during searches of vehicles, homes or personal belongings. Common ways cocaine charges arise include:
- Traffic stops leading to vehicle searches
- Street-level arrests for possession with intent to deliver (drug dealing)
- Consent searches during questioning
- Searches incident to arrest on other charges
A key legal issue is whether possession was actual or constructive. Actual possession means drugs are found directly on a person, like in pockets or clothing. Constructive possession means the drugs were found in a shared space, like a car, home or locker, where control or knowledge must be proven.
First-time cocaine possession offenses
Pennsylvania courts in their discretion can prioritize rehabilitation over incarceration for defendants charged with non-violent first offenses. Possible alternatives include:
- Accelerated Rehabilitative Disposition (ARD), which can result in dismissal of charges
- Probation instead of jail time
- Mandatory drug education or treatment programs
- Community service requirements
- Expungement eligibility after successful completion
Eligibility often depends on prior record, quantity of drugs and whether the district attorney consents.
Defense strategies for cocaine possession charges
Defense strategies focus on challenging the legality of the arrest and the strength of the evidence or technical details that can be disputed. Common defense approaches include:
- Challenging illegal searches and seizures
- Arguing a lack of knowledge or actual possession
- Disputing constructive possession claims
- Questioning intent-to-distribute proofs
- Examining the chain of custody involved in evidence handling
- Reviewing lab testing accuracy and contamination risks
- Identifying procedural errors in the arrest or investigation
A Reading drug crimes defense attorney can determine which defenses are likely to be most successful in stopping a case from proceeding or in leading to a reduction of charges.
Search and seizure issues in drug cases
Defendants in drug cases often raise challenges under the Fourth Amendment of the US constitution and under Article I, Section 8 of the Pennsylvania Constitution, both of which protect people from unreasonable searches and seizures.
Common grounds for challenges include:
- Searches conducted without probable cause
- Coerced or invalid consent
- Overly broad vehicle or home searches
- Failure to properly obtain or execute a warrant
If police violate constitutional protections, the court may suppress the evidence and the prosecution’s case may be weakened or dismissed.
Protect your future before cocaine charges escalate
David R. Eshelman, A Professional Corporation in Reading, PA provides assertive and determined defense representation for individuals charged with cocaine possession offenses. Call 877-442-9704 or contact us online to schedule an appointment.
