Do first time drug offenders go to jail in Pennsylvania?

INFORMATION ON FIRST TIME DRUG OFFENSES IN PENNSYLVANIA Even a first-time simple possession conviction can mean up to a year in prison and $5,000 in fines, depending on the amount and type of drugs found in your possession.

Is drug possession a felony in PA?

Drug Conviction Penalties for Drug Possession in Pennsylvania. First Offense of Drug Possession: Misdemeanor, up to one year in jail, and a maximum fine of $5000. Subsequent Offense: Misdemeanor, up to three years in jail, and a maximum fine of $25,000.

What are the PA substance laws?

In Pennsylvania, it is a crime to possess illegal or controlled substances such as marijuana, cocaine, methamphetamines, and other drugs. A defendant will be found guilty of drug possession if the prosecutor proves beyond a reasonable doubt that he/she knowingly and intentionally possessed a controlled substance.

What is simple possession in PA?

Simple possession is knowingly or intentionally possessing a controlled substance by a person not licensed or registered to possess said substance. A charge of “simple possession” under Pennsylvania law assumes that the drug(s) possessed were intended for personal use.

How long do you go to jail for drug possession in PA?

Penalties can range from misdemeanor charges with a 1 year maximum prison sentence to felony charges with up to 15 years in jail, up to a $250,000 fine, or both. Learn more about the penalties for PWID under Pennsylvania drug possession laws. 3.

How do you beat a drug charge in PA?

How to Beat Drug Possession Charges in Pennsylvania

1. Illegal Search. Your Constitutional rights outline that police can’t illegally search you or your property.
2. Entrapment.
3. Planted Evidence.
4. The Substances in Question Weren’t Illegal Drugs.
5. Contact the Law Offices of M.J. Snyder Today.

What is a Schedule 1 drug in Pennsylvania?

Schedule I: Heroin, marijuana, LSD, MDMA (ecstasy). These drugs are rated to have no accepted medical use with a high potential for addiction andabuse.

What is a Schedule 2 or 3 controlled substance in PA?

Schedule II drugs include morphine, PCP, cocaine, methadone and methamphetamine. SCHEDULE III. These drugs have less potential for abuse than the controlled substances previously listed and have a currently accepted medical use in treatment.

Can 2 people be charged with the same drugs?

Because it is possible for two people to have both the ability and the intent to exercise control over the same item, two different people can both be charged with possessing the same drugs.

What is the purpose of constructive possession?

Constructive possession places the burden of proof on the prosecutor. The prosecution must prove that the drugs were present and that you were knowledgeable of them and had an intent to control or distribute them.

What if two people confess to a crime?

If evidence is presented to prove conclusively that one or both of them did not commit the crime, they may be acquitted or exonerated despite their claims, but without evidence to prove their lack of guilt, someone who confesses may be convicted -even if they did not actually commit the crime.

Why would someone admit to a crime they didn’t commit?

– They want to avoid harsher sentences: In many cases, police may tell suspects that the evidence is so strong that they are going to be convicted no matter what, but if they provide a confession, their sentence will be more lenient.

Is it better to admit to a crime?

It’s always best to leave talking to police and prosecutors to your attorney rather than trying to explain things yourself. Confessing to any crime, no matter how small, may have unintended consequences that you can’t foresee.

What are the 3 elements of possession?

The defendant [unlawfully] possessed a controlled substance. The defendant knew of its presence. The defendant knew of the substance’s nature or character as a controlled substance.

How do you prove possession?

Documents Required for Issue of Possession Certificates by the Government

1. An extract of the land record, or a property deed, which proves the title of the builder over the land in question.
2. Sale Agreement, which is the document of sale executed by you and the builder.

What is required for valid possession?

Possession is the most basic and important relation between man and a thing. The four essential elements of the possession is intention, knowledge, physical control.

What is the maximum sentence for marijuana?

Possession of any amount of marijuana with intent to sell or distribute is a felony that is punishable by a fine of up to $50,000 and a maximum sentence of 20 years’ imprisonment.

What are the alcohol laws in Pennsylvania?

Only state-owned liquor stores are allowed in Pennsylvania. This is easily most commonly encountered weird Pennsylvania law.

What is Act 64 PA?

Act of 1972, P.L. 233, No. 64 AN ACT Relating to the manufacture, sale and possession of controlled substances, other drugs, devices and cosmetics; conferring powers on the courts and the secretary and Department of Health, and a newly created Pennsylvania Drug, Device and Cosmetic Board; establishing schedules of

What is PA drug law?

Pennsylvania Drug Possession Laws. In Pennsylvania, it is a crime to possess illegal or controlled substances such as marijuana, cocaine, methamphetamines, and other drugs. A defendant will be found guilty of drug possession if the prosecutor proves beyond a reasonable doubt that he/she knowingly and intentionally possessed a controlled substance.