Drug Possession

Drug Possession Attorney in Wilkes-Barre

Protecting Your Rights in Wilkes-Barre Drug Possession Cases

Facing drug possession charges in Wilkes-Barre, PA, can be an overwhelming experience. At Abraham Law, we understand the complexities of Pennsylvania’s legal system and are here to help defend your rights passionately. With over 20 years of dedicated experience, our team is committed to crafting a robust defense strategy tailored to your unique situation.

Our approach centers around personalized client service and the assurance that your case is in the hands of a trusted and seasoned criminal defense team. We're not just acquainted with the broad strokes of drug possession law, but with the specific intricacies that can make a significant difference in your case’s outcome. This allows us to act swiftly and effectively to your legal standing.

Don't let a drug charge define your future. Contact a drug possession attorney in Wilkes-Barre at Abraham Law to start building your defense. We offer free consultations and bring over 20+ years of Criminal Law experience to your side. Call (570) 762-9988 or contact us online today.

Understanding Drug Possession Charges in Wilkes-Barre

In Pennsylvania, drug possession is primarily classified into two categories under 35 P.S. § 780-113: "Simple Possession" and "Possession with Intent to Deliver" (PWID). While the former is typically an ungraded misdemeanor, the latter is a serious felony that carries significantly harsher penalties.

Simple Possession (Section 13(a)(16)): This involves having a controlled substance for personal use without a valid prescription. This applies to substances ranging from heroin and fentanyl to unauthorized prescription pills like Xanax or Percocet.
Small Amount of Marijuana (Section 13(a)(31)): Pennsylvania law treats the possession of 30 grams or less of marijuana as a specific, lower-level misdemeanor. However, it still results in a criminal record and potential license suspension if not handled correctly.
Drug Paraphernalia (Section 13(a)(32)): It is a crime to possess any item intended for use in growing, processing, or consuming drugs. This includes pipes, bongs, scales, and even small baggies.
Possession with Intent to Deliver (PWID): This is a felony charge. You do not need to be caught "selling" a drug to be charged with PWID. Prosecutors in Wilkes-Barre often look for "indicia of delivery," such as a large quantity of drugs, high amounts of cash, or the presence of packaging materials.

In Pennsylvania, drug possession charges can vary based on the substance and the amount involved. Local laws dictate specific penalties and potential outcomes, making it essential to have a knowledgeable drug possession attorney in Wilkes-Barre by your side.

Wilkes-Barre falls under Luzerne County jurisdiction, where local court nuances and procedures can impact your case. Being familiar with these regional specifics gives us an edge, allowing us to navigate the local legal landscape efficiently on your behalf.

Penalties and Collateral Consequences of Drug Possession Convictions in Pennsylvania

The consequences of a drug conviction in Pennsylvania are multi-layered, affecting your liberty and your daily life for years to come.

Direct Penalties:

First-Offense Simple Possession: Up to one year in jail and a fine of up to $5,000.
Subsequent Offenses: Penalties can increase to three years of incarceration and up to $25,000 in fines.
Paraphernalia Possession: Up to one year in jail and a fine of up to $2,500.

Collateral Consequences: A conviction carries a weight that often exceeds the jail time itself. Your driver's license can be suspended for six months for a first offense, one year for a second, and two years for a third. Furthermore, a drug conviction can result in the loss of eligibility for federal student loans, the inability to hold certain professional licenses, and significant barriers to housing and employment.

At Abraham Law, we leverage the Pennsylvania Clean Slate and Act 5 laws whenever possible. These laws allow for the automated sealing or petition-based sealing of certain misdemeanor records after a period of time, though eligibility is strict.

Pennsylvania Drug Schedules & Local Sentencing Factors

In Pennsylvania, drug possession offenses are categorized by controlled substance “schedules,” established based on potential for abuse and accepted medical uses. A conviction for possessing a Schedule I substance—such as heroin, LSD, or certain synthetic drugs—comes with the strictest penalties.

While marijuana is technically classified as a Schedule I substance federally, state and local enforcement practices in Wilkes-Barre often result in lighter penalties for small, personal-use amounts, especially for first-time offenders. Where prescription medications or opioids are involved, additional allegations related to fraudulent documentation may further increase the complexity and severity of the case.

Local courts in Luzerne County, including the Luzerne County Court of Common Pleas in Wilkes-Barre, weigh numerous factors when determining your sentence. The court considers the substance type, the amount, prior criminal history, context of the arrest, and locations such as Kirby Park, transit stations, or sensitive public sites.

Offenses near schools and high-traffic areas can trigger enhanced penalties—making the role of an experienced drug possession lawyer Wilkes-Barre even more important. Our firm’s knowledge of Wilkes-Barre’s local practices allows us to proactively seek mitigating circumstances and present a defense strategy that addresses each factor used in sentencing.

Building a Strong Defense with Comprehensive Legal Insight

Our approach at Abraham Law involves conducting a thorough investigation into the details of your case. We meticulously review the circumstances of your arrest, the legality of the search and seizure involved, and any potential violations of your rights.

Key elements of our defense strategy include:

Detailed Case Analysis: Evaluating all available evidence and witness testimonies.
Exploring Alternative Sentencing: Such as rehab programs that might be favored in local courts.
Negotiating with Prosecutors: Leveraging our deep understanding of local court dynamics to negotiate better terms.

A comprehensive legal strategy doesn’t just address the obvious components of your case. We also consider long-term implications, ensuring that any plea deals or outcomes do not unjustly impact your future. Our team collaborates closely with you, ensuring you understand every step of the legal process and how it impacts your case.

Familiarity with Local Courts & Agencies

Our firm's experience extends across Luzerne County and surrounding areas, including Lackawanna and Monroe Counties, giving us invaluable insights into the workings of local legal agencies. Each county has its specific court procedures, and understanding these is crucial for effective defense strategy formulation.

The legal system in Wilkes-Barre involves particular trends in drug cases, such as preferences for rehabilitation over incarceration for first-time offenders. Being attuned to these patterns allows us to advise our clients on the best course of action that aligns with local expectations.

Furthermore, we have established relationships with many court officials and have a solid understanding of the local community’s attitudes towards drug offenses. This local expertise allows us to personalize your defense strategy, making it as effective as possible in the specific context of Wilkes-Barre legal culture.

Take the Next Step: Your Strong Defense Starts Here

Being charged with drug possession can create anxiety and confusion—but you don’t have to face this challenge alone. At Abraham Law, our drug possession lawyer team in Wilkes-Barre stands ready to guide you through each legal stage, ensuring your defense is both strong and strategic.

Schedule a free consultation today to learn how our experienced attorneys can protect your rights. Call (570) 762-9988 to get started with a drug possession attorney Wilkes-Barre residents rely on.

Experience Makes The Difference

Meet Attorney Abraham
Learn More
Our Blog
Read More
Schedule a Consultation
Get Started

Who We Are: The Law Office of William I. Abraham

At Abraham Law, clients choose us not just for our experience but for our commitment to providing personalized and compassionate support. We believe in upholding your legal rights and do so with passion and determination. Our track record in handling drug-related offenses stands as a testament to our dedication to our clients.

Our firm is geographically well-positioned to serve clients in Wilkes-Barre and across Luzerne County. This local presence ensures that we are always available to meet and discuss the intricacies of your case, offering a personal touch that larger firms simply can't provide.

Beyond our legal knowledge, we are deeply committed to the community. We understand the socioeconomic factors that often play a part in drug offenses and work diligently to advocate for fair, just outcomes that reflect individual circumstances. This focus not only helps in achieving the best legal outcomes for our clients but also promotes healing and integration into the community as a whole.

Protect your rights and your career by hiring a premier drug possession attorney in Wilkes-Barre. Call Abraham Law at (570) 762-9988 or contact us online to schedule your free consultation. With 20+ years of Criminal Law experience, we are the advocates you need in Luzerne County.

Frequently Asked Questions

What should I do if I’m charged with drug possession in Wilkes-Barre?

If you’re charged with drug possession, it’s crucial to stay calm and exercise your right to remain silent until speaking with an experienced attorney. Avoid discussing your case with police, friends, or family. Contacting a qualified drug possession lawyer in Wilkes-Barre as soon as possible helps protect your rights, guides your next steps, and can significantly influence the outcome of your case. Early legal intervention is key.

How can a drug possession lawyer help me?

A drug possession attorney in Wilkes-Barre can review evidence, challenge unlawful searches or seizures, and develop strategies to minimize charges or pursue case dismissal. Beyond courtroom representation, your lawyer will explain each stage of the legal process, clarify risks and options, and ensure you understand your rights. Skilled local attorneys also anticipate how courts and prosecutors in Luzerne County handle drug cases, giving you a strategic advantage.

Are there local rehabilitation or diversion programs for drug offenders?

Yes. Wilkes-Barre and Luzerne County offer rehabilitation programs such as drug court, counseling, and treatment options, often available to first-time or low-level offenders. Participation can help with recovery and may positively impact sentencing. A drug possession lawyer can assess eligibility, coordinate with program staff, and integrate participation into your legal strategy to achieve the best possible outcome.

What should I expect at my first court appearance?

Your initial appearance typically involves being informed of charges, bail conditions, and court dates. It is not a trial but sets the tone for the case. An experienced lawyer will prepare you in advance, advocate on your behalf, and explain the steps and potential outcomes so you are not navigating the hearing alone.

Can first-time offenders avoid jail time?

In some cases, yes. First-time offenders may qualify for probation, diversion programs, or reduced charges, especially if the offense involved small amounts of certain substances. Legal representation is crucial to identify and pursue these opportunities effectively.

Can a lawyer help with charges involving prescription drugs?

Yes. Prescription drug possession or distribution charges carry their own legal complexities, including medical documentation and intent analysis. A skilled attorney can evaluate prescriptions, verify legality, and develop a defense strategy tailored to these cases.

Will a drug conviction affect my employment or housing?

Potentially. Convictions can affect background checks, professional licensing, and housing applications. A knowledgeable lawyer can help mitigate long-term impacts through diversion programs, plea negotiations, or by challenging the admissibility of certain evidence.

SCHEDULE A FREE CONSULTATION

Contact Us today to schedule a free consultation

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Abraham Law at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Why Choose Us?

Experience Makes The Difference

Personalized Attention To Every Case
20+ Years of Criminal Law Experience
Free Case Evaluations
Member of the Bar in Pennsylvania, New Jersey, & Florida