We Protect Your
Freedom And Your Future

Our Philadelphia criminal lawyers have over 25 years
of combined legal practice – handling some of the
toughest cases in the country.

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SKA Law is a premier, Philadelphia criminal defense law firm, founded by professional criminal attorneys. We take on cases other law firms turn down, because we know how to fight – and when to negotiate. Our goal is to get you the best outcome possible. No fluff. No nonsense. Our focus is results.

Criminal Lawyers

Fewer Clients. Better Service And Results

SKA Law takes on fewer clients than other firms – it’s because we believe that taking on fewer clients means we can provide more service, and better results.

25 Years Of Legal Practice

Our firm has over 25 years of combined legal practice. Our Philadelphia criminal attorneys have been recognized by the top lawyer ranking services.

24/7 Customer Service

Our Philadelphia criminal attorneys are available 24/7- regardless of the holiday, or time of week. We are always available to help you.

Concierge Service

We take on fewer clients than other firms. Each client works 1:1 on with one of our senior attorneys.

Delaware County Possession of Cocaine Lawyers

Possession of cocaine is illegal in all 50 states. Depending on the weight of the cocaine that a defendant might be accused of possessing, and any prior criminal history that he or she may have, sentencing can be harsh, and prison terms can be lengthy.

The Prohibition
A person must have a license to possess cocaine in Pennsylvania. Possession of the substance by the general public is prohibited by 35 P.S. section 780-113(a)(16). As per the statute, a person cannot knowingly or intentionally possess cocaine in one form or another unless he or she obtained it “directly from, or pursuant to, a valid prescription or order of a practitioner, or except as otherwise authorized by this act.”

Actual Possession vs. Constructive Possession of Cocaine
If a person is in actual possession of cocaine, he or she has it in their hand, pocket or somewhere else on their person. It might not be on their person either, but could be close enough to be easily grasped or accessed. Nobody else would have access to the drug. If a person is alleged to have been in constructive possession of cocaine, more than one person can have access to the drug and knowledge of the drug being in close proximity. Constructive possession might apply if you are in a car, and cocaine was found inside of the glove box, console or under a seat near or next to you. A person might also be charged with constructive possession if he or she is at a friend’s home and police execute a search warrant there and find cocaine.

Possession of Cocaine With Intent to Deliver
35 P.S. section 780-151 controls the crime of possession of cocaine with the intent to deliver. This is a far more serious charge than mere possession. Your intent to deliver can be shown in a variety of ways. For example, police had a legal wiretap and heard you make a deal to deliver a quantity of cocaine to a certain person and a specific place and time. Another way that police might show intent to deliver is through the quantity of cocaine and how it might have been packaged once they find it.

Defenses to Possession of Cocaine or Possession With Intent to Deliver
First, a person might have a prescription to possess a substance containing cocaine. His or her possession of the substance might be perfectly legal. Any person who has a valid license to possess or sell substances containing cocaine cannot be charged. Here are some other possible defenses:

  • The lack of knowledge or intent to possess it or distribute it.
  • The cocaine did not belong to the defendant.
  • The quantity of the drug was insufficient to prosecute the defendant with.
  • Any evidence of possession of cocaine or possession or with the intent to deliver it was unlawfully seized.
  • The defendant was entrapped by law enforcement.

Sentencing
Whether it’s actual possession, constructive possession or possession with intent to deliver of one or two grams of cocaine, there are harsh mandatory sentencing guidelines that you must face in Pennsylvania. On a first offense with no prior criminal history, you’re still looking at a year in prison and up to $5,000 in fines. On mere possession of 100 grams or more, a person is facing five years in prison and fines not to exceed $25,000.

If you’ve been arrested on any offense based on possession of cocaine, don’t give police a confession of any kind, even if they offer you a “great deal.” It probably isn’t enforceable by you. Rather than give the police and prosecutors the information that they need to convict you, exercise your right to remain silent, and contact along with your right to an attorney. Contact us instead. We’re going to listen to you and answer your questions. After that, we’ll advise you of the alternatives that are available to you.

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Firearm Carried W/O License

Montgomery 12/2016

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Testimonials

"I found Michael Kotik via the internet with the hope by someone to help my son in what we thought was something routine. Long story short after being mislead by the prior firm and received no results and my son sat for 18 months in prison because "no one knew what was going on" Michael was able to not only..."
~ Michelle Doria
"I had a pleasure of dealing with Mike on couple of occasions. He is an amazing attorney. He always came through and did what was promised. Also he went above and beyond to assist with any request. He is definitely a fighter and will do what is needed to come out with the best outcome"
~ Ella Shapiro

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Philadelphia

1518 Walnut Street st 808, Philadelphia, PA 19102

(267)-265-4553

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Philadelphia

1518 Walnut Street st 808, Philadelphia, PA 19102

800-646-6048

Get Directions

Philadelphia

1518 Walnut Street st 808, Philadelphia, PA 19102

800-646-6048

Get Directions

Philadelphia

1518 Walnut Street st 808, Philadelphia, PA 19102

800-646-6048

Get Directions