If you’re facing a drug possession charge in Allegheny County, understanding what’s ahead is crucial for making informed decisions and protecting your future. A conviction can have serious long-term consequences. You could face trouble securing a job, obtaining a professional license, qualifying for college financial aid, maintaining your immigration status or keeping your right to own a firearm.

In Pennsylvania, drug possession is knowingly or intentionally having a controlled substance without a valid prescription. This law covers cocaine, heroin, methamphetamine, prescription medications like Oxycodone or Xanax and marijuana. The charge and possible penalties depend on the type and quantity of the substance, your prior record and whether you are suspected of drug trafficking. 

After your arrest, you will have a preliminary hearing at a local magistrate court. A judge will decide if there is enough evidence to send the case to county court for further proceedings. You should be represented by a qualified drug crimes defense attorney who can make a strong case for your release with minimal bail or conditions and for your eligibility for diversionary programs.

The following alternatives to prosecution are open to eligible defendants, such as first-time offenders:

• Accelerated Rehabilitative Disposition (ARD) — Available for many non-violent first-time offenses, including some drug cases.

• Probation without verdict (PWOV) — This remedy can be attainable if you plead nolo contendere or guilty to a drug offense and you prove that you are drug dependent.

• Drug court — This is a treatment-focused, supervised program for those struggling with addiction. Completing drug court may result in dismissed charges and expungement.

Eligibility depends on your record, the nature of the drug, and the facts of your arrest. Early intervention is vital because many of these programs must be requested before your case progresses too far.

There are several defenses an attorney may raise before the case is set for trial, such as the following:

• Illegal search and seizure — If police conducted the search of your person, vehicle, or home without a valid warrant or probable cause, the evidence may be excluded.

• Constructive possession — If the drugs were merely near you (such as in a shared car or home), prosecutors may not be able to prove they were actually yours.

• Lab testing errors — Crime labs sometimes make mistakes. Evidence may not have been properly tested or identified.

• Chain of custody — Evidence that wasn’t handled, transferred or stored correctly may be inadmissible.

The decisions made and actions taken early in a case can shape the entire outcome. An experienced attorney can evaluate your situation, explore your eligibility for diversion programs and raise all available defenses and possible sentence reductions.

Phil DiLucente & Associates, LLC in Pittsburgh represents people accused of drug crimes throughout Allegheny County. For a free consultation, please call 1.800.GET.PHIL or contact us online.