In short, drug possession charges can be dropped in Pennsylvania under certain circumstances, but here’s what you need to know.
Under Pennsylvania law, a person commits an offense if they possess, hold, sell, offer for sale, deliver, or manufacture a controlled substance or drug. The severity of a drug possession charge will depend on various factors, including the type and quantity of drugs possessed by a defendant. Drug possession charges may involve more severe penalties when a defendant possessed drugs with the intent to sell, distribute, or deliver them, compared to an offense involving possession of drugs with the intent to use them. Defendants may also face harsher penalties for a possession conviction involving more dangerous drugs, such as heroin, cocaine, or methamphetamine.
Depending on the severity of a drug possession offense, a defendant may face penalties such as fines, probation, or jail/prison time. A drug conviction will also result in a person having a criminal record that may impose a lifetime stigma.
Reasons Why Prosecutors May Drop Drug Charges
Defendants facing drug possession charges may try to convince prosecutors to drop the charges and dismiss the case. Potential reasons why prosecutors may decide to drop drug possession charges against a defendant include:
- Insufficient evidence: Prosecutors may choose to drop charges if they lack sufficient evidence to create a near certainty of a conviction, as prosecutors’ offices may not want to spend resources on a prosecution that may result in an acquittal for the defendant.
- Violations of constitutional rights: Courts may exclude evidence from the prosecution’s case when law enforcement investigators obtained the evidence by violating a defendant’s constitutional rights. For example, police may seize evidence during an illegal search of the defendant’s vehicle or home or obtain a confession or inculpatory statements during a custodial interrogation without advising the defendant of their Miranda
- Discovery of exculpatory evidence: Further investigation may reveal evidence of the defendant’s innocence, such as evidence that the drugs belonged to another individual and that the defendant had no knowledge of them. For example, another person may come forward to claim responsibility for the drugs and absolve the defendant of any involvement.
Diversion Programs and Other Alternatives to Prosecution
A defendant can also secure a dismissal of their drug possession charges through one of Pennsylvania’s diversion programs. For example, a first-time offender may seek admission to the Accelerated Rehabilitative Disposition program, which may involve requirements such as attending classes, performing community service, and undergoing substance abuse treatment.
Lancaster County also offers its own Drug Diversion program for certain minor alcohol and drug offenses. Qualifying defendants can have their charges dismissed if they waive their preliminary hearing and subsequently complete the following steps:
- Undergo an initial screening with a Certified Recovery Specialist with SecondChance PA
- Pay mandatory fees and restitution, if owed
- Pass three random urine tests for drugs and/or alcohol
- Complete eight hours of community service
Alternatively, defendants facing drug possession charges may seek admission to drug court, which integrates substance abuse treatment services with the criminal justice system for defendants with substance abuse disorders who do not have a record of violent offenses. Successful completion of diversion programs may result in the dismissal of a defendant’s possession charge and the sealing of their arrest record.
Contact a Drug Defense Attorney Today
If you’re facing drug possession charges in Pennsylvania, having experienced legal advocacy from a drug defense lawyer can give you a better chance of having your charges dropped. Contact Chieppor & Egner, LLC today for a confidential consultation with our legal team to discuss your options for resolving your drug possession charges.
