Fentanyl is the newest drug fueling the country’s opioid crisis, so we understand that its spread needs to be taken seriously. However, we have also seen that overzealous law enforcement agencies and prosecutors can unfairly charge people with trafficking and intent to distribute in efforts to rack up some more “wins.” If you are facing fentanyl charges, you have to act fast and start to form your defense. A York County, PA drug crime attorney can help you with that.
How Will I Be Penalized for Fentanyl Trafficking?
If you are found to be in possession of fentanyl, you might be charged with more than possession. When someone has a certain amount of drugs on them, prosecutors and the authorities assume that they have too much for personal use. They must be distributing fentanyl as well.
This is the kind of charge that can carry especially heavy penalties. Fentanyl trafficking is a felony in the state of Pennsylvania. Those charged can end up facing:
- Jail sentences of up to 15 years
- Fines of up to $250,000
Now is not the time to gamble. You need to form the best possible defense that you can against these charges, and a criminal defense lawyer from our law firm can help you do that.
Can a Lawyer Help Me Fight Fentanyl Trafficking Charges?
Your lawyer will do everything that they can to help you fight fentanyl trafficking charges. An experienced criminal defense attorney will often focus on ways to get the primary evidence, the drugs allegedly found in your possession, thrown out. There are a few ways to do this. We can show that:
- If your car was searched, there was no legal justification for the stop
- If your home was searched, law enforcement did not have a warrant
- If law enforcement did have a warrant, they obtained it by supplying incorrect info to a judge
When your lawyer can prove one of the above, it shows that the search that found the drugs was a bad one, one that violated your constitutional rights. In that case, the evidence found via that search needs to be thrown out. It is hard to make a fentanyl case without fentanyl, so this can be one of the most effective ways to fight back.
If evidence is not thrown out, a drug crimes lawyer can come up with other ways to defend you against fentanyl charges. Common strategies include arguing that:
- You have a valid prescription
- You had a good-faith belief that the drugs you possessed were legal
- You did not know you were in possession of the drugs
Schedule Your Consultation with Our Law Firm
You need to do everything that you can to fight these serious charges. So contact Ilkhanoff & Silverstein and learn more about what an experienced drug crimes attorney can do to assist you with your case.