Possession Of Illegal Drugs


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Throughout the US, possession of illegal drugs is the most frequent kind of drug arrest. Both Pennsylvania and federal law prohibit you from knowingly and illegally possessing controlled substances.

If law enforcement finds you with drugs such as marijuana or heroin, or pills such as Adderall or Xanax and no valid prescription, you run the risk of drug charges. You will need to retain an experienced defense attorney.

Arrested For Federal Drug Possession

Whether or not drug possession becomes a federal offense depends on factors such as the amount of the drugs you are caught with and the circumstances of your arrest. If you are found with an especially large quantity of illegal drugs, federal prosecutors will use this as evidence that you had intent to distribute.

It violates federal law to have in your possession controlled substances that include marijuana, cocaine, heroin and methamphetamines.

Your penalties for a federal drug possession conviction will depend in part on your prior convictions.

If you are convicted for drug possession, federal prosecutors can seize the property you used to obtain the drugs. They can and will take your car, and money related to your drug purchase.

You may also lose or be denied federal benefits such as a student loan, government contract or professional license.

What To Do If You Have Been Charged

  • If you are charged with having drugs in your possession, it is important that you do not make any statements to the arresting officer.
  • As with most criminal charges, you should not talk to law enforcement or federal prosecutors without your attorney by your side. What you say can be taken out of context and used against you.
  • If a law enforcement officer questions you, tell them you want a lawyer and politely refuse to answer their questions.

What Your Lawyer Can Do 

Your 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 drugs were found – and what impact that might have on your case. For example, if drugs were found in your car but there were three other people riding with you – the drugs might not have been yours.

How A Lawyer Will Help

When you are up against a federal drug charge, you will be facing inflexible laws and a determined US prosecutor. You will need an attorney who can help you determine all of your options and achieve the best outcome for your circumstances.

United States Code

Read more about federal criminal offenses in the United States Code.

Questions? Contact us today.

If you are charged with a federal crime, the consequences can be devastating. Fienman Defense will fight tenaciously to protect your constitutional rights. We will guide you through a court system that can be complex and intimidating, and provide you with the strongest possible defense.