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If you have been charged with Possession of a Controlled Substance in Delaware County, you are facing a serious criminal offense under Pennsylvania law. Even if the drugs were strictly for personal use, a conviction can lead to mandatory fines, probation, driver’s license suspension, and possible jail time. Perhaps most damaging is the permanent criminal record that will follow you, potentially ruining future employment and educational opportunities.
Prosecutors in Delaware County handle drug possession cases every day. They rely on the physical evidence of the drug, lab results, and the circumstances of your arrest to secure a conviction. When your future is on the line, you cannot afford to face the District Attorney’s office alone. You need the aggressive criminal defense attorneys at SKA Law Group to protect your rights, challenge the evidence against you, and fight for the best possible outcome.
Understanding Simple Possession Under Pennsylvania Law (35 P.S. § 780-113(a)(16))
Under the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, it is illegal to knowingly or intentionally possess a controlled or counterfeit substance unless you have a valid prescription from a licensed practitioner.
To secure a conviction for simple possession, the Delaware County District Attorney must prove two elements beyond a reasonable doubt:
1. Knowing and Intentional Possession: That you knew the substance was illegal and intended to possess it.
2. Control: That you had actual physical control of the drug (on your person) or “constructive possession” (the drug was found in an area you control, such as your car or bedroom, and you knew it was there).
It is important to note that you can be charged with possession of illegal street drugs (like heroin, cocaine, or methamphetamine) as well as prescription medications (like OxyContin, Xanax, or Adderall) if you do not have a valid prescription for them.
Penalties for Drug Possession in Delaware County
In Pennsylvania, simple possession is generally classified as an ungraded misdemeanor. However, the potential penalties depend heavily on the type of drug, the quantity involved, and your prior criminal record.
First-Time Offense
Standard Penalty: Up to one year in jail and a fine of up to $5,000.
Small Amount of Marijuana (Under 30 grams): Up to 30 days in jail and a fine of up to $500.
Subsequent Offenses
Second or Subsequent Offense: Up to three years in prison and fines up to $25,000.
Driver’s License Suspension
Any drug conviction in Pennsylvania—even if the offense did not involve driving—triggers an automatic suspension of your driver’s license. The suspension is six months for a first offense, one year for a second offense, and two years for a third offense.
How SKA Law Group Fights Delaware County Drug Possession Charges
At SKA Law Group, we do not simply accept the police report as fact. We meticulously investigate every detail of your arrest to build a strong defense strategy. Our approaches include:
Fourth Amendment Suppression Motions: The most common and effective defense against a drug possession charge is challenging the legality of the police search. If the police stopped your vehicle without reasonable suspicion, or searched your person, car, or home without a valid warrant or probable cause, we will file a Motion to Suppress. If the judge rules the search was illegal, the drug evidence is thrown out, and the case is typically dismissed.
Challenging Constructive Possession: If the drugs were found in a shared space (like a roommate’s apartment or a borrowed car), the prosecution must prove you knew they were there and intended to control them. Mere proximity to drugs is not enough to secure a conviction.
The ARD Program (Accelerated Rehabilitative Disposition): For eligible first-time offenders, we can negotiate entry into the Delaware County ARD program. This diversionary program requires a period of supervision and completion of conditions (like drug counseling). Upon successful completion, the charges are dismissed, and we can file to have your arrest record expunged.
Delaware County Drug Treatment Court: For individuals struggling with severe addiction, we may explore admission into the Drug Treatment Court, which focuses on rehabilitation and recovery rather than incarceration.
Contact a Delaware County Drug Possession Lawyer Today
A drug possession charge does not have to ruin your life. The decisions you make right now will dictate your future. Do not speak to the police, and do not attempt to navigate the criminal justice system alone. Contact SKA Law Group today to schedule a confidential consultation. We will evaluate the evidence against you and build a relentless defense strategy.
