Philadelphia Drug Possession Charges: Categories & Defenses

Did you know that, according to the Federal Bureau of Prisons, nearly 46% of all inmates are incarcerated on drug charges? In other words, out of all codified criminal offenses committable in the United States, which can number in the hundreds, nearly half of those sentenced are drug offenders. Do not be one of them.

Pennsylvania Drug Offense Categorizations 

Generally, the severity of your Pennsylvania drug offense is dependent upon two factors: (1) the type of drug possessed and (2) the quantity of that drug. Pennsylvania law prohibits “[t]he manufacture, sale or delivery, holding, offering for sale, or possession of any controlled substance,” but the Commonwealth recognizes three different categories of possession:

• Knowing and/or Intentional Possession of a controlled substance – 35 P.S. § 780-113(a)(16));
• Possession with Intent to Deliver a Controlled Substance, i.e., dealing drugs – 35 P.S. § 780-113(a)(30)), and
• Possession of Drug Paraphernalia – 35 P.S. § 780-113(a)(32).

Although possession of a controlled substance without intent to distribute can be considered a felony if certain substances, such as GBH, are possessed, simple possession and possession of drug paraphernalia are generally only punishable as misdemeanors. Possession with intent to deliver, however, can be punishable as a felony and can result in a 15-year prison sentence.

Defenses to Pennsylvania Drug Charges

If you or a loved one has been charged with possession, an experienced Philadelphia criminal defense attorney may be able to help by mounting one of many potential defenses to drug possession. These defenses may include the following:

• Lack of Knowledge: Occasionally, whether at school or in the car, a guilty party will attempt to hide his or her drugs in your personal belongings. If you had no knowledge that any drugs were on your person, then you have a defense to possession charges;
• Defeating the Elements: In any criminal action, the prosecuting attorney is responsible for proving your guilt beyond a reasonable doubt. Accordingly, if you are charged with possession with intent to deliver, you can defeat this charge by showing that such intent did not exist;
• Qualification as a Lawful Possessor: Under Pennsylvania law, certain individuals are legally permitted to possess controlled substances without a license. These include employees of certain drug manufacturers or lawful carriers;
• Constitutional Violations: If controlled substances were found in your possession, but they were found in an unlawful manner, then this is a complete defense to a possession charge. For example, if your vehicle is pulled over without cause and the police officer searches the vehicle after smelling pot, then this was likely not a legal search, and any evidence discovered can be suppressed.

Contact Philadelphia Criminal Defense Attorney Brian Zeiger to Protect Your Rights 

The law is designed to protect Pennsylvania citizens, but that includes those who have been charged with a qualifying offense. You are innocent until proven guilty, and there are a variety of defenses that might be available to you in order to defeat a possession charge. Attorney Brian Zeiger can work to review the specific facts of your case and help you build the best defense possible. Contact him today at 215-546-0340 or online. 

The Zeiger Firm

Aggressive & Experienced

The Zeiger Firm is a criminal defense law firm in Philadelphia. We offer experienced legal representation and criminal defense services for our clients in Philadelphia and the surrounding areas.

When you need an attorney, contact Philadelphia criminal defense attorney Brian J. Zeiger, Esquire. The Philadelphia Criminal Lawyers at The Zeiger Firm have defended their clients for many years in Philadelphia, Pennsylvania and Federal courts, and are qualified to represent you. Our attorneys have handled every type of criminal charge, allowing us to assist you in a wide range of legal matters.

The Zeiger Firm was founded in 2005 by Brian Zeiger, Esquire. Brian has worked many years as criminal lawyer in Philadelphia. The Philadelphia Criminal Defense Attorneys at The Zeiger Firm consider themselves trial lawyers – they are intense, zealous and aggressive advocates for their clients and are willing to take every case to a jury in order to get justice. The firm prides itself on providing high quality legal representation in a personalized atmosphere.

While serving as criminal lawyer Philadelphia, Philadelphia Criminal Defense Attorneys at The Zeiger Firm gained invaluable trial experience, representing individuals charged with crimes ranging from misdemeanors to major felonies. Because of these experiences, the attorneys combined their expertise, creating the law office of The Zeiger Firm.

The Zeiger Firm recognizes that our success depends upon gaining the trust of our clients, as well as the judges and jury before whom we appear. As a result, the firm is known for its painstaking preparation and attention to detail. This focus on excellence can be a crucial factor when a client’s liberty is on the line. Just as important to the firm is the need to work with our clients, as well as their family and friends. Often, these people can provide valuable insight that can help us as we prepare for trial.

That is why, when you need a lawyer, you should call the Philadelphia, Pennsylvania criminal defense lawyers at The Zeiger Firm, who represent every client zealously in order to obtain the best results possible in each case. To arrange a consultation, please give us a call at 215-546-0340 or send us an email.

CONTACT:
The Zeiger Firm
1500 John F Kennedy Blvd #620a
Philadelphia, PA 19102
Phone: (215) 546-0340
Email: info@brianzeiger.com

SHAKEUP IN PHILLY CRIMINAL COURTS MAY AFFECT DEFENDANTS

The start of 2018 brought to Philadelphia a new district attorney, Larry Krasner. Before his inauguration, Krasner was reportedly evaluating everyone who worked for the DA’s office and he wasted no time terminating over 30 prosecutors for a variety of reasons ranging from trial skills to ethical matters.

Prosecutors play a necessary role in criminal proceedings as they must prove all elements of a crime beyond a reasonable doubt before a defendant can be convicted of a particular offense. In addition, if a defendant decides to plead guilty, a prosecutor can agree to a plea bargain that involves reduced charges or recommending a lesser sentence to the judge. This is a job that requires significant training and the turnover in the district attorney’s office will cause delays in many criminal cases across Philadelphia.

Reports noted that delays in Philly criminal courts mean that victims would have to wait longer to know the outcomes of cases. However, such delays also significantly affect another group of people – defendants facing criminal charges.

Effects of Delayed Proceedings

The criminal process is already a long one in many situations. It can be months or even years from an initial arrest to a final adjudication. If a case goes to trial, preparations can be extensive for both prosecutors and defense attorneys. Even if a case ends in a guilty plea and avoids a trial, a defendant will likely have to attend many different hearings before the plea is entered. Many circumstances may delay the process even further.

The effects of delays can be devastating if a defendant is held in custody while the case is pending. For certain alleged offenses, a judge may refuse to set bail or may set bail that a defendant cannot afford. This means that a defendant may be held behind bars before they are found guilty of the crime. The longer the criminal process, the longer the defendant will be in jail – even if they are eventually found not guilty.

Delays can also affect defendants who post bail or who were released based on personal recognizance. Having a pending criminal matter can be stressful and can affect a person’s mental state. In addition, the longer a case continues, the more court appearances will be required. Many defendants must take time off from work or school to appear at scheduled hearings and this can result in lost income or even the loss of a job.

The Right to a Speedy Trial

The Sixth Amendment to the United States Constitution guarantees the right to a speedy trial. Under Pennsylvania law, the following are the general time limits for a “speedy trial”:

• If a defendant is incarcerated = 180 days from when the charges were filed
• If a defendant is not incarcerated = 365 days from when the charges were filed

Not every day is counted from the date of the charges, however, as delays due to defense-related continuances or other circumstances will not be counted. If the prosecutor exercised due diligence in trying to bring the case to trial and the case is delayed due to other factors – such as a court’s calendar – it is not a violation of a defendant’s right to a speedy trial. Despite these exceptions, however, the right to a speedy trial is an important one to prevent unnecessary effects for a defendant who has not yet been convicted of a crime.

The Importance of a Defense Attorney

The reality is that many circumstances – such as mass prosecutor terminations – can exist that cause delays in the criminal process. It is critical that you have a skilled attorney who can identify when your rights are being violated and stand up for you. The right defense attorney will also do everything possible to minimize the effects of the criminal process.

The truth is that criminal cases can take a long time to resolve. However, having a defense attorney who keeps you informed of any new developments and of your rights and options can make the process easier. If you are facing charges currently in Philadelphia, your lawyer should advise you whether the shakeup in the DA’s office will affect your case.

Contact a Philadelphia Criminal Defense Law Firm as Soon as Possible

The Zeiger Firm stays up to date on all new developments in criminal law and criminal courts in the Philadelphia area. We represent clients facing a wide variety of criminal charges, from DUI to violent crimes. Contact us online or call the office at 215-546-0340 to discuss how we can assist you.

CAN A LAWYER HELP YOU AVOID A CRIMINAL CONVICTION?

Having a criminal record can have many effects on your life. A conviction for a crime can make it difficult to do the following and more:

Keep your job

Find a new job

Hold a professional license

Participate in educational programs

Be approved to rent housing

Keep custody rights of your children

Because a conviction can adversely impact so many areas of your life, it is critical to avoid a conviction whenever you can.

Just because you have been arrested and charged with a crime does not mean you will automatically be convicted. An experienced criminal defense attorney has many tools and strategies to help prevent a conviction in many cases. The following are only some ways that a defense lawyer can do so.

Fighting for Dismissal of Your Charges

In some situations, an attorney can convince a prosecutor to drop your charges completely before your case ever goes to trial. A skilled defense lawyer will investigate the circumstances surrounding your arrest and the allegations against you to identify any evidence that your charges should be dismissed.

For example, if you are charged with possession of drugs, your lawyer may discover that the drugs were found in violation of your 4th Amendment rights. Your lawyer may then argue that the drug 

evidence should be kept out of your case and, if the prosecutor has no other evidence against you, they may have to dismiss your case. This is only one example of situations in which your attorney 

may get your case dropped.

Diversion Programs

There are several different programs called “diversion programs” in Pennsylvania for which a first-time offender of certain offenses may qualify. A diversion program allows you to put your case on hold while you participate in the program. Upon successful completion, your case can be dismissed without a conviction.

Some examples of Pennsylvania diversion programs include:

ARD (Accelerated Rehabilitative Disposition) Program

Drug Court

Section 17 or Section 18 Drug Program.

SAM (Small Amount of Marijuana) Program

Summary Diversion Program

AMP I (Alternative Misdemeanor Program I)

AMP II (Alternative Misdemeanor Program II)

These programs involve many requirements that must be met for a period of time before your case can be over, however, if you are able to abide by the conditions of the program, you can avoid a criminal record. Your lawyer can work to convince the prosecutor that you should be given a chance to complete a diversion program instead of having a conviction pursued.

Negotiating for a Suspended Sentence

Even seemingly minor crimes may come with a jail sentence. However, courts in Pennsylvania have the discretion to suspend a jail sentence for a period of time. During this time, you will instead be on probation and if you can successfully complete your probation, your case can then be dismissed without a conviction. Not every offense is eligible for a suspended sentence, however, your attorney can determine whether this may be an option in your case. They can then negotiate a suspended 

sentence as part of a plea bargain or argue to the sentencing judge that you deserve a suspended sentence as a way to avoid time in jail and a conviction on your record.

Acquittal at Trial

Some criminal cases go to trial for a variety of reasons, such as you were wrongfully accused of the crime. An experienced criminal defense attorney will know how to carefully build the strongest case possible in your defense. In order to convict you, the jury must believe that you are guilty beyond a reasonable doubt, which is an extremely high standard. If your defense attorney can cast any reasonable doubt on any elements of your crime, the jury should acquit you of your charges.

There are many ways to cast reasonable doubt in a criminal case, including:

Presenting an alibi

Proving self-defense

Proving lack of intent to commit a crime

Demonstrating that an eyewitness identification was unreliable

Proving forensic lab mistakes

Challenging the evidence or witnesses presented by the prosecution

Your lawyer should carefully evaluate all possible trial defense strategies in your case to best fight for an acquittal at trial.

Contact a Philadelphia Criminal Defense Lawyer for More Information Today

If you are facing criminal charges, all hope is not lost and a conviction is not inevitable. At The Zeiger Firm, we vigorously defend clients faced with a wide variety of charges – from traffic violations to homicide. If you would like to discuss your situation for free and learn how our Philadelphia criminal defense attorney can help, please contact us online or call 215-546-0340.

WHAT MAKES A GOOD POLICE BRUTALITY CASE?

Potential clients always ask me, “What makes a good police brutality case?” Damages. Good damages makes a good police brutality case.

I have clients all the time tell me about some of the most outrageous police conduct. Then I ask, “what is your worst injury?” The answer to that question that controls how much your case is worth.

I recently had a potential client tell me how the police beat her until she was almost unconscious. They struck her multiple times while she was cuffed, etc. She went to the hospital. I asked her, “what was the single worst injury you suffered?” Her reply, “I had bruises all over my body and the doctor gave me an advil.” That case isn’t so great because there is no way the police officers beat her the way she claimed and she only has those injuries. If the police really hit her that many times, her injuries would be far more severe. In her case, damages can be used to make out liability. Without the injuries, the other side will defend liability based on damages. Not such a great case.

In another case, a potential client told me that he got into an argument with a police officer and the officer hit him one time in the face with a closed fist, then tased him while he was on the ground. The officer arrest him for disorderly conduct, aggravated assault, and resisting arrest. The client was in a coma and had four broken bones. The criminal case was withdrawn by the DAs office. That is a good police brutality case.

What I have written is not the end all be all. There are many situations where my client has no physical injury at all and they have a great cases. We have been very successful on false imprisonment and malicious prosecution cases where there is no physical injury at all. Look at the conduct of the police officer and analyze the result.

Can I take a picture of Police Making an Arrest?

For certain the answer is yes. The issue is what will the police officers do to you once they see you taking the picture, and what remedy you have against the police? There are two separate actions the police can take that may be actionable. If they assault you and/or break your camera. If they can arrest you for something. 

If the police assault you, you have a claim for excessive force against the officers. 

If the police arrest you, you have a claim for malicious prosecution. 

In either instance, you may have a Monell Claim, that the police are failing to train their officers that people can photograph them arresting people. 

I would guess the most common claim for these cases is some type of malicious prosecution where the plaintiff is being charged with disorderly conduct and winds up beating the case. The problem is that for a disorderly conduct only, the case is probably not worth much money. However, an Order from a judge directing the police to better train the officers on photographs and a cash award would be a very good outcome.

Brian J. Zeiger, Esquire is an experienced and successful civil rights attorney. He is a seasoned trial lawyer with great experience before juries and judges. Brian understands civil right case including: Taser, Wrongful Death, Excessive Force, Police Brutality, Police Misconduct, Malicious Prosecution, Monell Claims, Sexual Assault, Prisoner’s Right’s, Time Credit, Medical Malpractice, and Medical Indifference.

Mr. Zeiger is a graduate of Washington University in St. Louis, and a graduate of Temple Law School. He is sworn in to every state and federal court in Pennsylvania. He has tried many jury trials in state and federal court and argued before the Pennsylvania Superior Court, Pennsylvania Supreme Court, and the Third Circuit Court of Appeals.

Mr. Zeiger is also a published author in civil rights. In 2013 he was published in the University of Texas Law School’s, Texas Journal on Civil Liberties & Civil Rights . The article is entitled “A Change to Relation Back.” The article discusses knowing the names and identities of the police officer defendants when no arrest was made and how your lawyer obtains that name from the lawyers for the government. This is an important topic in understanding how to properly frame a lawsuit against the police. Often a client comes in right before the statute of limitations tolls without the names of the officer to sue. Understanding the principles of relating back the claim to avoid a statute problem is essential to filing that type of short time limit lawsuit.

People facing criminal allegations may be subject to significant fines, probation, community service, and significant restrictions of their freedoms. As a result, it is important to retain the services of an attorney who has experience and understands the stakes in criminal cases. Mr. Zeiger has the skill required to help bring your case to the best resolution possible.

In addition, Mr. Zeiger understands the rights of victims. Whether folks are victims of sex crimes, or victims of any type of crime, Mr. Zeiger looks for a recovery where other lawyers do not. Brian leverages his insight of criminal law and civil rights litigation against victims rights to understand how to make a recovery for his clients.

Mr. Zeiger is passionate about jury trials and his true home is in the courtroom. Often times when prospective clients ask Mr. Zeiger why they should hire him, the answer is that sometimes clients need a fighter. Mr. Zeiger routinely tries cases in front of jury which distinguishes him from his peers.

EDUCATION:

• J.D -  Temple University School of Law - 2000
• M.B.A. - Temple University - 2000
• BA (Accounting & Finance) - Washington University of St. Louis - 1997

BAR ADMISSIONS:

• Pennsylvania Bar, 2001

COURT ADMISSIONS:

• Supreme Court of Pennsylvania
• All Pennsylvania State Courts
• Supreme Court of the United States
• United States Court of Appeals for the Third Circuit
• United States District Court for the Eastern District of Pennsylvania
• United States District Court for the Middle District of Pennsylvania
• United States District Court for the Western District of Pennsylvania

WORK EXPERIENCE:

• The Zeiger Firm (Partner) 2006 - Present
• KPMG (Attorney) 2000 - 2002

ASSOCIATIONS:

• Philadelphia Bar Association (Member)
• Philadelphia Inn of Court, Master (Member)
• Montgomery County Bar Association (Member)
• National Association of Criminal Defense Attorneys (NACDL) (Member)
• National Lawyers Guild (Member)
• National Police Accountability Project (Member)
• American Society of Legal Advocates (Member)
• Federal Bar Association (Member)
• The Federalist Society (Member)
• National Institute for Trial Advocacy (Member)

AWARDS:

• Super Lawyer, 2008, 2011, 2012, 2013, 2014, 2015. Criminal Defense
• AVVO 10.0 Rating, Criminal Defense & Criminal Appeals
• National Trial Lawyers Top 40 Under 40
• National Trial Lawyers Top 100 Trial Lawyers
• American Institute of Criminal Defense Attorneys, Client Satisfaction Award
• National Association of Distinguished Counsel – Nation’s Top 1% – Criminal Defense
• Global Directory of Who’s Who – Top Lawyer
• Business Editor, Environmental Law and Technology Journal, Temple University School of Law

PUBLICATIONS:

• Drug and Narcotics Attorney (Mandatory Drug Crimes in Pennsylvania) 2015
• Texas Journal on Civil Liberties and Civil Rights (A Change to Relation Back) 2013
• Criminal Law Blog (Is a Summary Offense a Crime) 2009

CONTACT:

The Zeiger Firm

1500 John F Kennedy Blvd #620a

Philadelphia, PA 19102

Phone: (215) 546-0340

Email: info@brianzeiger.com