Possession of Heroin
Heroin is one of the most widely-available and most-used drugs in Philadelphia. It is classified as a Schedule I drug, and if you or a family member is arrested for possessing heroin, you may be up against Commonwealth of Pennsylvania’s tough mandatory minimum sentencing laws.
What You Need To Know About Possession of Heroin
- Even if you only have a very amount of heroin and it’s your first offense, you might be looking at up to a year in prison and $5,000 in fines. If it’s your second offense, you could serve up to two years in prison. Three years, if it’s your third offense.
The drug does not have to be found in your pocket, handbag or backpack either. You can be convicted of possession if it is simply near you, or found in your home or car.
What To Do If You Have Been Charged
If you are charged with having heroin in your possession, it is important that you do not make any statements to the arresting officer about the drugs. Do not tell the officer who you believe the heroin belongs to.
As with most criminal charges, you should not talk to the police or prosecutors without your attorney by your side. What you say can be taken out of context and used against you. If the police question you, tell them you want a lawyer and politely refuse to answer their questions.
What a Drug Defense Lawyer Can Do
Your Pennsylvania heroin attorney will examine the alleged facts to first determine if there was probable cause to charge you lawfully.
- For example if you were stopped in your car, your defense attorney is going to see if there was probable cause to pull you over and to search you and the vehicle.
- They will probe further to find out exactly where the heroin was found – and what impact that might have on your case. For example, if the heroin was found in your car but there were three other people riding with you – the drugs might not have been yours.
Often people found with drugs are struggling with addiction problems. In the Philadelphia area, your defense attorney may be able to work out a deal for you to enter a drug treatment program instead of jail.
How a Pennsylvania Heroin Attorney Will Help
When you are up against a heroin possession charge, you will be facing inflexible laws and a determined prosecutor. You will need an attorney who can help you determine all of your options and achieve the best outcome for your circumstances.
Pennsylvania Heroin Law
Possession of heroin is described and defined under The Pennsylvania Code under Title 35 Chapter 6. Read the code here.
Questions? Contact us today.
If at all possible, Fienman Defense will try to get the charges against you dismissed or see if a drug treatment program would be right for your situation. Based on the evidence and the constraints of mandatory sentencing, we will work hard to get your penalties lowered. And if your case goes to court, Fienman Defense will fight to win an acquittal.