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If you have been charged with Possession with Intent to Deliver (PWID) in Delaware County, you are facing one of the most serious drug offenses under Pennsylvania law. Unlike simple possession, which is typically a misdemeanor intended for personal use, PWID is a felony charge. A conviction can lead to years in state prison, devastating fines, and a permanent criminal record that will destroy your career and reputation.
Prosecutors in Delaware County pursue drug distribution and trafficking charges aggressively. They do not need to catch you in the act of selling drugs to charge you with PWID. They can build a case based entirely on circumstantial evidence. When the stakes are this high, you cannot afford to rely on an overworked public defender or hope the prosecutor offers a fair deal. You need the aggressive, experienced criminal defense attorneys at SKA Law Group to protect your rights and fight for your freedom.
Understanding PWID Under Pennsylvania Law (35 P.S. § 780-113(a)(30))
Under the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, it is illegal to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance.
To secure a conviction for PWID, the Delaware County District Attorney must prove two elements beyond a reasonable doubt:
1. Possession: That you knowingly and intentionally had control over the illegal drugs (either actual physical possession or “constructive” possession, such as drugs found in your car trunk or bedroom).
2. Intent to Deliver: That you intended to sell, distribute, or transfer the drugs to another person.
How Prosecutors Prove “Intent” Without an Observed Sale
Many defendants are shocked to face felony trafficking charges when they were never caught selling anything. In Delaware County, police and prosecutors rely heavily on circumstantial evidence and “expert” testimony from narcotics officers to infer intent. They look for indicators such as:
Quantity: Possessing an amount of drugs that is deemed larger than what a single person would consume for personal use.
Packaging: Drugs separated into small, individual baggies, bindles, or vials.
Paraphernalia: The presence of digital scales, cutting agents, or empty packaging materials.
Cash: Large sums of money, particularly in small denominations.
Communications: Text messages, emails, or burner phones indicating drug transactions.
Penalties and Sentencing Guidelines for PWID
Possession with Intent to Deliver is almost always classified as a felony in Pennsylvania. The severity of the penalties depends heavily on the type of drug (its Schedule classification) and the quantity involved. Furthermore, any drug conviction in Pennsylvania carries an automatic driver’s license suspension (six months for a first offense).
While Pennsylvania’s mandatory minimum sentencing laws for drug offenses were previously ruled unconstitutional, judges still rely on the state’s Sentencing Guidelines, which factor in the offense’s Gravity Score and your Prior Record Score.
Schedule I and II Narcotics (e.g., Heroin, Cocaine, Fentanyl)
Maximum Penalty: Up to 15 years in prison and fines up to $250,000.
Methamphetamine and PCP
Maximum Penalty: Up to 10 years in prison and fines up to $100,000.
Schedule I, II, and III Non-Narcotics (e.g., Marijuana over 30 grams)
Maximum Penalty: Up to 5 years in prison and fines up to $15,000.
How SKA Law Group Fights Delaware County PWID Charges
At SKA Law Group, we do not simply accept the police narrative. We meticulously deconstruct the prosecution’s case to build a formidable defense. Our strategies include:
Fourth Amendment Suppression Motions: The most effective way to beat a PWID charge is to prove the police violated your constitutional rights. If the police stopped your vehicle without reasonable suspicion, or searched your home without a valid warrant or probable cause, we will file a Motion to Suppress. If the judge agrees the search was illegal, the drug evidence is thrown out, and the case is typically dismissed.
Challenging Constructive Possession: If 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 for a conviction.
Downgrading to Simple Possession: We aggressively challenge the “intent to deliver” element. By presenting evidence of severe addiction or challenging the narcotics expert’s assumptions about packaging and quantity, we can often force prosecutors to downgrade the felony PWID charge to a misdemeanor simple possession charge.
Delaware County Drug Treatment Court: For eligible defendants whose offenses are rooted in substance abuse rather than commercial trafficking, we can negotiate entry into the Delaware County Drug Treatment Court (Track II). Successful completion of this intensive 30-month program can result in an intermediate punishment sentence rather than state prison.
Contact a Delaware County Drug Defense Lawyer Today
A PWID charge is a defining moment in 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.
