1522 Pennsylvania Ave, Peckville PA 18452  | Phone: (570) 307-4223

Drug Charges

Scranton Drug Criminal Defense Attorney Jair R. Novajosky

From simple possession of a small amount of marijuana to serious felony drug trafficking and conspiracy charges, Attorney Novajosky has experience defending drug and controlled substance cases. He has a proven record of successful outcomes, including dismissal of cases for violation of his clients’ Constitutional rights and admission to treatment and substance abuse rehabilitation in lieu of jail time.

If you’re facing drug or controlled substance charges, you need an attorney who will develop an aggressive defense strategy on your behalf.

To learn more about Drug/Controlled Substance Charges in Pennsylvania and how Attorney Novajosky can help you, click here.

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DRUG / Controlled Substance Charges

Police can charge individuals with a range of different types of drugs charges, from simple possession of small amounts of marijuana to serious Felony Drug Trafficking and conspiracy charges.

DRUG OFFENSES CAN BE SUCCESSFULLY DEFENDED

At our firm, we’ve been successful in having the Case dismissed for violating the clients’ Constitutional rights. We also have a track record of success with convictions and sentences that focus on treatment and substance abuse rehabilitation rather than the prosecutors’ requests for jail or prison sentences.

With proper, experienced, expert defense from the beginning, many cases of Simple Possession and/or Possession with Intent to Deliver can be reduced or even dismissed. It’s imperative you retain an Attorney who has experience navigating this complex legal landscape.

RECENT DRUG POSSESSION /CONTROLLED SUBSTANCE CASE OUTCOMES:

October 2013: Clients were a young couple from Texas traveling with their children to New York City. Neither had ever been charged with a crime. The Pennsylvania State Police stopped them while driving on the interstate system and while accompanied by two other individuals in their car.

After a long and questionable “Stop” by the police, their car was searched and police discovered a considerable quantity (four kilos) of heroine and cocaine. All four were charged with Possession with Intent to Distribute Heroin and Cocaine.

The District Attorney’s only offer of leniency to all four involved was a Guilty Plea to a 10-year minimum State Prison Sentence. On behalf of our clients, we refused to accept anything less than complete exoneration. After an aggressive hearing, pre-trial motions, court filings and legal research challenging the legality of the Government’s search and seizure, the Government agreed to dismiss the charges against our clients and their passengers.

The above case is an example of how aggressive cross examination, legal research writing and effective client communication can lead to the most favorable outcome.

May 2014. Client was under supervision by agents of the Drug Task force. After a controlled delivery of heroine to a confidential informant, client’s home was searched and the Drug Task Force discovered additional drugs, drug paraphernalia, “buy money” marked by the agents, and, most damaging, several guns with obliterated serial numbers within the same vicinity of the illegal narcotics.

After exploiting the Government’s arguable “illegal search” of the client’s apartment, several Felony offenses involving the Firearms and the Mandatory five-year minimum prison sentence were removed from the case. Client eventually received a favorable sentence after several negotiations with the District Attorney.

Drug Possession Cases

Drug possession crimes generally fall into two categories: possession for personal use and possession with intent to distribute. The former likely carries a lower penalty and the distinction between the two crimes is often a source of contention between prosecutors and drug defense attorneys. The criminal code contains guidelines for determining whether the accused had the intent to distribute the drugs in his possession or was merely transporting the contraband for personal use. Factors considered include:

  • Quantity of drugs in the defendant’s possession
  • Location of drugs when found (e.g., pocket or container)
  • Presence of baggies or a scale
  • Observance of hand-to-hand transactions with others
  • Presence of large amounts of money in the defendant’s possession

Drug Cultivation or Manufacture

Because of the severity of the potential consequences, if you are facing charges relating to the cultivation of marijuana or the manufacture of illegal drugs, you need a criminal defense attorney aggressively representing you.

Law enforcement often circumvents the bounds of constitutional criminal procedure when engaging in the surveillance of alleged manufacture or grow operations. For this reason, there is a possibility you could have these charges dismissed altogether if your attorney can successfully argue for the suppression of drugs seized as a result of unlawful surveillance.

Drug Sales or Trafficking

Drug trafficking activity often crosses state or national lines and could result in the involvement of federal authorities in your drug crimes case. If you are facing both state and federal drug trafficking allegations, your attorney may begin by arguing that only one prosecution is necessary. Your lawyer will also represent your rights to a reasonable bond as judges overseeing drug trafficking cases routinely post bonds in excess of $250,000.00.

If you are caught engaging in drug sales, you could face serious felony penalties depending on the amount and type of drugs sold. There are also sentencing enhancements for drug sales within a certain distance of a playground, school or daycare. Regardless of the nature or extenuating circumstances of your drug sales charge, your lawyer will advocate for a reduction or dismissal of charges— particularly if this is your first offense or you are engaged in the sale of small quantities of drugs.

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