I have written previously on the difference between simple drug possession and drug possession with the intent to deliver. In addition to my previous articles on this subject I also recommend that you watch my short video on this topic. Most clients believe that the charge of drug possession with the intent to deliver (PWID) requires a large amount of drugs to be found on or around a person at the time of their arrest. This, however, is completely wrong and PWID is based on the observations of the police officer (direct evidence) along with the circumstances surrounding the arrest such as drug paraphernalia, the value of the drugs, and the movement or acts of the individual prior to the arrest (circumstantial evidence.)
The value of a drug is often an important part in a decision to charge a person with simple possession which is a misdemeanor rather than possession with the intent to deliver which is an ungraded felony. There is a huge difference between a misdemeanor and a felony charge and it’s important that your criminal defense attorney always attempt to get charges downgraded when he can’t get charges dismissed. During his argument to a court your attorney should stress issues such as the lack of observable transactions, the lack of money found on your person, the lack of paraphernalia, and finally the street value of the drug in question.
With regards to street value the Drug Enforcement Agency (DEA) has actually published the street value of certain drugs. The value of those drugs are as follows:
It is important that your attorney understand the value of street drugs because it is a critical part of your criminal defense in felony possession with the intent to deliver cases. An argument that focuses on the street value is effective not only in Pennsylvania but also in New Jersey and even in federal courts. Prior to trial your attorney should also focus on issues such as illegal searches and seizures, probable cause, and reasonable suspicion for the initial police stop. Again, these arguments are effective not just in Pennsylvania but also New Jersey and at the federal level. Pre-trial motions in drug cases can attempt to exclude evidence with a Motion to Suppress and also dismiss or downgrade charges from felony possession to simple possession with a Motion to Quash. If you have more questions regarding drug charges I invite you to read my other articles, watch my videos, or read a copy of my book.
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