Have you been arrested on suspicion of a first-time drug offense in Pennsylvania? If so, you’re probably worried about whether you might go to prison if you’re convicted. Here’s what you need to know about the potential consequences for a first-time drug offense, and what alternatives a drug crimes defense attorney can help you pursue.
Understanding Pennsylvania Drug Laws
Pennsylvania law outlaws several categories of activity related to controlled substances, including (simple) possession, possession with intent to deliver, and illegal manufacturing. The penalties that a person can face for a drug offense in Pennsylvania will depend on the nature of the offense and, in some cases, the quantity of the drug involved. These factors can affect whether an offense qualifies as a misdemeanor or a felony, with the latter grade carrying more severe penalties. Although Pennsylvania law enforcement and prosecutors treat all drug offenses seriously, not all charges result in incarceration, especially in cases where a defendant faces the criminal justice system for the first time.
Factors That Affect Whether a First-Time Offender Goes to Jail
Several factors can affect whether a trial court decides to include jail or prison time in a defendant’s sentence following conviction for a first-time drug offense. These include:
- The type of drug : So-called “harder” drugs like heroin, methamphetamine, cocaine, and fentanyl may lead to a harsher sentence than an offense involving marijuana or prescription drugs.
- The quantity of drugs : Cases involving smaller “personal quantity” amounts of drugs may receive more leniency than those involving large quantities.
- The defendant’s intent : A person who possesses drugs with the intent to transport or sell them may face harsher penalties than someone who possesses drugs for personal use.
- The defendant’s criminal history : A defendant who has previously committed other criminal offenses has a lower chance of leniency from the trial court than someone with no criminal history.
- Whether defendant cooperates : Judges may extend leniency to defendants who express a willingness to complete substance abuse treatment or other educational programs to rehabilitate themselves from illicit drug activity.
Ultimately, the weight of these factors will depend on the prosecution’s sentencing recommendation/request and the judge’s discretion. The sentencing judge has the final say as to whether a defendant convicted of a drug offense for the first time will serve time in jail or prison (unless the statute for their offense imposes a mandatory term of incarceration).
Alternatives to Jail for First-Time Offenders
In Pennsylvania, defendants facing prosecution for the first time for drug offenses may have alternatives to traditional prosecution, such as:
- Accelerated Rehabilitative Disposition : The ARD program allows defendants to obtain dismissal of their charges and expungement of arrest records by completing program requirements that include probation, community service, drug/alcohol evaluation, and recommended treatment.
- Conditional Discharge : A court may grant a conditional discharge, which requires a defendant to complete drug counseling, community service, and probation in exchange for avoiding a formal conviction on their record.
- Drug Court : This alternative involves intense supervision of a defendant, including frequent drug testing, court appearances, and structured treatment. It is designed to help a defendant address substance abuse issues or reinstate criminal proceedings swiftly when defendants violate program rules.
When an Offender May Go to Jail
There are some situations when a defendant has a greater chance of facing incarceration, such as when:
- A defendant possessed drugs with the intent to transport or sell them
- A defendant has prior criminal offenses or probation violations, even if not drug-related
- A defendant committed a drug offense near protected property, such as a school, playground, or public housing complex
Contact a Criminal Defense Attorney Today
Getting arrested for a drug crime for the first time can be a frightening experience, but it does not have to lead to a prison sentence. Contact Chieppor & Egner LLC today for a free, confidential consultation with a Pennsylvania drug defense lawyer to discuss the potential outcomes of your case and the defense strategies available to you.
