In the Commonwealth of Pennsylvania people are often arrested and charged with possession with intent to deliver (PWID). While simple possession charges are graded as a misdemeanor, if police have ample reason to believe that an individual is distributing narcotics then he/she could face a felony PWID charge which is a very serious crime to be convicted of. If an individual is convicted of a PWID charge, he/she may face years in prison and their family could be evicted from their home if the drugs were found in their residence. It is imperative that any individual facing a PWID charge immediately obtain an experienced attorney who can help you provide the best defense possible.
Possession with Intent to Deliver
In the Commonwealth of Pennsylvania, possession with intent to deliver a controlled substance includes the distributing or trafficking of illegal drugs such as:
- prescription pills
In order for an individual to be convicted of this crime, the prosecutor must prove beyond a reasonable doubt that the individual manufactured or obtained an illegal drug and then intended to deliver or had delivered the illegal substance to another person(s).
It is important to note that police officers do not have to actually witness the individual distributing the narcotics in order to charge them with this crime. An arresting officer can arrest an individual for possession with intent to deliver if the amount of drugs on the individual’s person, car, or dwelling is beyond the amount that would be for personal use. Moreover, the arresting officer can charge the individual with PWID under the umbrella of a conspiracy which means that, even if the person never touched or was in possession of the narcotics, if the arresting officer reasonably believes that the individual was working with other people in distributing the illegal substances, then that person can be arrested and charged with a PWID.
Common Defenses for a PWID Charge
Possession for personal use- In many cases an experienced defense attorney will look at whether or not the illegal substances that were seized by the arresting officer(s) would rise to the level of not being considered for personal use. If the defense can successfully argue that the substances found on the individual were for personal use as opposed to distribution, then the individual cannot be convicted of PWID but may still be charged with a simple possession charge(s).
Motion to Suppress– in many cases the arresting may find the drugs on the individual’s person, car or dwelling by using unconstitutional means. An experienced defense attorney will examine the specific facts that surround the finding of the narcotics and may be able to have that evidence suppressed which could lead to the PWID charges being dismissed
Charged with Possession with Intent to Deliver?
If you or someone you know has been charged with possession with intent to deliver, The Law Office of Vincent J. Caputo is ready to help through this process. We understand that this charge can often be difficult for the individual involved and that is why we will work with you every step of the way in achieving the best outcome possible. Contact our office for a free consultation today, your future is our priority!