Montgomery County Possession of Heroin Lawyers
Although some states are moving to legalize certain types of drugs that have previously been illegal, heroin is still illegal in Pennsylvania in all circumstances. It’s illegal to possess heroin as well as to use it. If you possess only a very small amount of heroin, the offense is a misdemeanor. Larger amounts quickly become more serious. A repeat offense can also result in a longer jail sentence. For a first offense of a small amount, possession of heroin is punishable by up to one year in jail. The court may sentence you to the maximum, or the court may sentence you to less time in jail based on your circumstances. Possession of heroin is illegal under Chapter 25 of the Pennsylvania Code which covers drugs and drug-related devices.
Penalties for heroin possession in Pennsylvania
Conviction of the possession of heroin in Pennsylvania can result in jail time, fines, probation and rehabilitative programs. The larger the amount of heroin that you possess, the larger the potential for fines and jail time is. For repeat offenders, the fine can be as high as $25,000. Dealing heroin is a separate crime, and the penalties for dealing heroin are even more serious than the penalties for simple possession of heroin.
Defenses for possession of heroin in Montgomery County
If you face charges of possession of heroin in Montgomery County, there are steps that you can take to defend yourself against the charges. You should look at the entire interaction with law enforcement in order to find ways to fight the charges. For example, the police may not randomly stop vehicles that are driving down the road. They can’t stop your vehicle just because they know you from a prior arrest. They can’t stop your vehicle just because your vehicle is old or because you’re driving in a high-crime area. Instead, the police must have a lawful reason to stop your vehicle.
Another important defense for possession of heroin charges is the fact that you may not have been possessing at all. If the heroin is in a vehicle with multiple people, the police may not be able to prove who had the heroin. The police must also prove that you aren’t the victim of someone trying to plant the heroin on your person. They must show that the substance is in your possession and control. The police might make assumptions, but assumptions are not proof. You can challenge the case on the grounds that you didn’t have possession of the heroin.
It’s also important to insist that law enforcement keeps a chain of custody of the evidence. If they don’t carefully store the substance in a secure location, it may be subject to tampering. In addition, law enforcement should test the substance using a verified protocol. Too often, law enforcement does careless work and the result is that the proceedings against you are unfair. If law enforcement tries to cut corners, they may not be able to prove the case against you.
Possession of heroin defense in Montgomery County
You have a right to demand a trial by jury for your heroin charges in Montgomery County. There are many possible avenues for defense, and it’s critical to explore them all when you face the serious charges of heroin possession. When you work with our Montgomery County possession of heroin lawyers, you have tough, determined advocates ready to help you exercise your rights.