Have state or federal prosecutors brought fentanyl possession charges against you? A conviction for possession of fentanyl charges can have significant consequences for your reputation, freedom, and future, as you may face the potential of years in prison, substantial fines, and the stigma of a criminal record. However, an experienced fentanyl crimes lawyer can help you defend yourself against possession charges.
Contact The Zeiger Firm today for your initial case review and consultation to learn how a reputable fentanyl possession lawyer can help you protect your rights and interests.
Overview of Fentanyl Charges in Philadelphia
Fentanyl is a synthetic opioid that has a significantly more substantial effect than other well-known opium-derived drugs or opioids, such as heroin or morphine. Medical professionals can lawfully use and prescribe fentanyl as a pharmaceutical drug to treat severe pain, such as acute pain caused by advanced cancer. However, it has become a popular street drug in recent years due to the massive increase in the production of illicitly manufactured fentanyl. Many illegal drug manufacturers have begun mixing fentanyl with other illicit substances, such as heroin, cocaine, or methamphetamine.
Fentanyl represents a hazardous drug when used outside clinical settings. Even a small amount of it can cause an overdose. Illicit drug users can inadvertently overdose when they consume drugs that have fentanyl mixed in, unaware of the quantity of fentanyl they consume. Furthermore, its highly addictive quantities require drug abusers to consume increasing amounts of the drugs to obtain a high, which would potentially risk an overdose.
A person may face fentanyl possession charges under state or federal law. Federal prosecution may occur when a person gets caught by law enforcement transporting fentanyl from another country into the U.S. or from one state to another. However, federal drug convictions can impose much stricter penalties than similar charges under state law.
Why You Need a Philadelphia Fentanyl Possession Lawyer
Prosecutors aggressively pursue convictions in fentanyl possession cases. You need a lawyer who can level the playing field and help you stand up for your rights and interests by doing the following:
- Independently investigating your charges to obtain all relevant evidence, including pieces of evidence that police or prosecutors may not find
- Helping you understand the nature of your charges and the potential outcomes of your case so you can make informed decisions about how to proceed
- Reviewing the facts and evidence to identify defense strategies
- Challenging the prosecution’s evidence to weaken its case and pursue a prompt resolution of your charges
- Advocating on your behalf in court if you choose to take your charges to trial
Under Pennsylvania’s Controlled Substances Act, a person can commit a crime by possessing, manufacturing, delivering, selling, holding, or offering for sale any controlled substance except when authorized by state law. Thus, a person may commit a crime by possessing, distributing, selling, or manufacturing fentanyl without legal authorization.
Pennsylvania classifies fentanyl as a Schedule II drug, while fentanyl derivatives not approved by the U.S. Food and Drug Administration are classified as Schedule I drugs. Schedule II drugs include those substances that have a high risk of addiction or abuse but possess some accepted medical uses. Schedule I drugs include substances with the highest risk of addiction or abuse and lack any accepted medical uses.
A person may face more significant charges for possessing fentanyl with intent to distribute compared to possession of fentanyl for personal consumption. Factors that may differentiate simple possession from possession with intent to distribute include the following:
- The quantity of drugs
- The packaging of the drugs
- The possession of drug manufacturing or packing materials or equipment
- The defendant’s statements or actions that demonstrate an intent to distribute drugs in their possession
A conviction for possession of fentanyl can impose a sentence of up to one year in jail and a fine of up to $5,000, although subsequent offenses can increase these penalties.
The penalty for manufacturing, distributing, selling, or possessing fentanyl with intent to distribute will depend on the quantity of drugs involved, as in the following:
- Up to 10 Grams – Two years in prison and a fine of up to $5,000
- 11 Grams or More but Less Than 100 Grams – Three years in prison and a potential $15,000 fine for a first offense, or five years in prison and a potential fine of $30,000 for a second or subsequent offense
- 100 Grams or More – Five years in prison and a potential $25,000 fine for a first offense, or seven years in prison and a potential fine of $50,000 for a second or subsequent offense
Common Defenses Against Fentanyl Possession Charges
Potential defenses that you might have against a fentanyl possession charge in Philadelphia include the following:
- Unlawful Search and Seizure – Defendants frequently contest drug possession charges by arguing that police unlawfully obtained evidence of drugs through an unlawful search, such as a search conducted under an invalid warrant that police could not reasonably rely on or through a warrantless search that lacked probable cause or exigent circumstances.
- Lack of Knowledge or Intent – A defendant may contend that they did not intend to violate the criminal laws prohibiting unlawful possession of fentanyl or argue that the prosecution’s case fails to prove beyond a reasonable doubt that they had actual (physical) or constructive (control) possession of the fentanyl seized by the police.
- Chain of Custody Issues – Defendants may contest the reliability of evidence of fentanyl possession in the prosecution’s case by highlighting breaks in the chain of custody that may call the identity or source of the substance in evidence into question.
- Entrapment – In an entrapment defense, a defendant argues that they would not have committed the charged crime if not for the encouragement, cajoling, or coercion of law enforcement officers to commit the offense.
A defendant charged with simple possession of fentanyl may pursue immunity from prosecution under Pennsylvania law if their arrest stemmed from an incident in which:
- They contacted authorities to request medical assistance for another person for an actual or perceived drug overdose;
- When the person provided their name and location;
- Remained on scene until medical aid arrived; and
- Cooperated with emergency medical personnel and law enforcement.
Contact a Fentanyl Defense Lawyer in Philadelphia
When the police arrest you on fentanyl possession charges, you need experienced legal counsel to help you defend yourself against the potential consequences of a conviction. Contact The Zeiger Firm today for a free, confidential consultation. An aggressive and experienced fentanyl possession lawyer can assess your case and discuss your options for seeking a favorable resolution to your charges.
