Getting caught with drugs as a student can be daunting and confusing. You might be worried about possible criminal charges, and you could be facing additional penalties from your school.
You should know that you can protect yourself and your future with the help of a criminal defense lawyer. Learn more about possession charges and how to defend yourself in the Commonwealth of Pennsylvania.
Understanding Drug Possession Charges in Pennsylvania
Drug possession means having controlled substances that you should not have.
There are two kinds of possession that you can be accused of:
- Actual Possession: means you have the drugs on you or your person, i.e. in your pocket.
- Constructive Possession: means you know about the drugs and can control them, even if the drugs are not on you. For instance, if you are stopped by police while driving and they find drugs in your car.
Drugs are placed into groups called scheduled controlled substances, defined by the US Drug Enforcement Administration. These scheduled substances are based on different factors, like the drug’s medicinal use or the potential for addiction.
Schedule I drugs are considered the most dangerous, and Schedule V drugs are the least dangerous.
Some common drugs students might be caught with include marijuana, prescription pills without a prescription, and party drugs like ecstasy.
What Are Some Legal Consequences of Drug Possession for Students?
The punishment for having drugs depends on the type of drug and how much you have.
Possible penalties include:
- Fines: You might have to pay steep fines. Even a misdemeanor marijuana possession charge can result in a $500 fine.
- Jail Time: If you are convicted, you could be sentenced to jail or prison. A misdemeanor marijuana charge could get you up to 30 days in jail. More serious charges could result in longer jail or prison sentences.
- Drug & Alcohol Counseling: you may be ordered to attend or complete drug and alcohol counseling programs.
A first-time offense could face lighter penalties, but repeated offenses can lead to harsher punishments.
A drug conviction stays on your record and can affect your life for many years.
Academic and Personal Consequences
Getting caught with drugs can also affect your school life.
- School Discipline: You might be suspended or expelled from school. This can make earning a degree or finishing your education harder.
- Loss of Financial Aid: You could lose scholarships and financial aid, making it hard to pay for school.
- Future Job Problems: A drug charge on your record can make it harder to get a job, especially in fields that require a clean record or professional licenses.
How Can I Defend Against Pennsylvania Drug Possession Charges?
There are several ways to fight drug possession charges:
- “They Were Not My Drugs”: You can prove the drugs were not yours or that you did not know about them.
- The Drugs Were Found Through an Illegal Search: If the police did not follow the rules when they searched you, the evidence might not be allowed in court.
- The Prosecution Does Not Have Enough Evidence: You can show that there is not enough proof to say you had the drugs. You are fighting to throw a shadow of doubt on the prosecutor’s case.
- The Drugs Were Forced on You: You can prove you were forced to have the drugs by someone else.
Each case is different, and a lawyer can help you figure out the best defense for your situation.
Possible Pre-Trial Diversion Programs and Alternative Sentencing
Pennsylvania offers pre-trial diversion programs for first-time offenders, like the Accelerated Rehabilitation Disposition (ARD).
If you complete this program, the charges can be dropped, and you can avoid having a criminal record.
Other programs focus on rehabilitation rather than punishment, which can help you get your life back on track.
What to Do After You’re Accused of Possessing Drugs
If you are charged with drug possession, you should follow these general steps:
- Stay Calm and Silent: Do not talk to the police without a lawyer. Anything you say can and will be used against you. You can give them your name, but politely decline to answer other questions.
- Call a Lawyer: Get help from a criminal defense lawyer right away. A lawyer can guide you through the legal process and protect your rights.
- Gather Evidence: Start collecting anything that can help your case. That might include witness statements or any evidence that shows you did not have the drugs in your possession. Your attorney can help organize the proof into a convincing argument.
A Special Note for Parents
A child facing drug possession charges can be a stressful time for the whole family. Here are some steps parents can take to help their child through the legal process:
- Support Your Child: Let your child know you are there for them by offering emotional support and reassurance.
- Hire a Lawyer: A good lawyer can make a big difference. A good lawyer knows how to navigate the legal system and can help get the charges reduced or dropped.
- Understand the Charges: Learn about the charges your child is facing and the possible consequences. Understanding the charges will help you make informed decisions.
- Explore Diversion Programs: Look into pre-trial diversion programs like ARD. These programs can help your child avoid a criminal record and get back on track.
Why Should I Hire an Experienced Criminal Defense Lawyer from Pennsylvania?
Hiring an experienced criminal defense lawyer from Pennsylvania is critical to effectively fighting drug possession charges.
A skilled lawyer can identify weaknesses in the prosecution’s case, negotiate plea deals, and explore alternative sentencing options.
A good lawyer can offer their assistance with:
- Knowledge of the Law: Lawyers understand the legal system and can use that knowledge to your advantage.
- Negotiation Skills: Lawyers can negotiate with prosecutors to reduce charges or get them dropped.
- Defense Strategies: Lawyers know how to build strong defenses and find holes in the prosecution’s case.
- Support and Guidance: A lawyer provides support and guidance throughout the legal process, helping you make informed decisions.
Call Skinner Law Firm for Help with Possession Charges Now
Facing drug possession charges as a student in Pennsylvania is serious, but you can fight it. Understanding your charges, exploring defense options, and having a good lawyer can help protect your future.
If you or someone you know is facing drug charges, contact Skinner Law Firm for a free consultation. Michael Skinner is here to help you through this difficult time.
Call (610) 436-1410 or fill out our form now.
