Facing Drug Conspiracy Charges in Pennsylvania? We Can Help.
In Pennsylvania, anyone connected with a drug operation risks being charged with drug conspiracy. You can be found guilty of conspiracy if you take any kind of part in a drug crime that is planned or committed by your friends or family.
If one person is arrested for taking part in a conspiracy to sell drugs, all of those who helped plan or sell will probably be charged too. Even if you only played a minor role, your criminal charge will be graded at the same level as those who led the drug operation. For example, if the leader of a drug business selling illegal OxyContin is charged with a trafficking felony and faces 15 years in prison, everyone else who took part, no matter what role they played, will also face the same charges.
If you are charged with drug conspiracy, you can be tried for violating federal and state laws. It is critical that you immediately hire a criminal defense attorney who is experienced in handling drug conspiracy cases.
Drug Conspiracy and Prosecutors
Frequently, prosecutors use drug conspiracy charges as an attempt to convict everyone in an alleged drug ring. Prosecutors will try to prove that you and at least one other person:
- Agreed to violate a law
- Each knew about the agreement and planned to take part in it
- Someone in the conspiracy, and it does not have to be you, took an action to move it forward
Prosecutors often use conspiracy charges as a way to go after the leaders of an illegal drug business. They file charges against the minor players and then offer them lesser sentences if they agree to testify against those who ran the operation.
The penalties for drug offenses in Pennsylvania depend on factors that include the amount and type of drugs involved, whether a weapon was present, any prior convictions, and other elements.
You face a driver’s license suspension of six months for your first offense, one year for a second offense, and two years for a third offense. If you are convicted of drug conspiracy, you will have a permanent criminal record that may complicate job applications, security clearances, military enlistment, and more.
Steps to Take if You Have Been Charged
If you have been charged with a drug offense, your first step should be to immediately hire a drug conspiracy lawyer in Pittsburgh.
An experienced attorney will have worked with the prosecutors handling your case many times before. They can draw on their relationships and understanding of the local court system to lessen or dismiss your charges.
Do not talk to the police or prosecutors unless your attorney is with you.
Your lawyer will go over what happened both before and after your arrest. Importantly, they will assess whether there was probable cause to charge you with a crime. This includes determining if the drugs really belonged to you.
If you were arrested for a drug crime while you were in your car, a critical aspect of your case will be whether the police had probable cause to pull you over and conduct a search. If there was no probable cause, the evidence obtained by law enforcement can be suppressed.
Frequently Asked Questions About Drug Conspiracy in Pennsylvania
What do prosecutors have to prove to convict me of drug conspiracy?
Under 18 Pa.C.S. § 903, prosecutors must show beyond a reasonable doubt that you agreed with at least one other person to commit a drug crime, that you intended for the crime to be completed, and that someone involved in the agreement took an overt act in furtherance of it. That overt act does not have to be yours, and no drugs need to actually change hands for a conspiracy to be charged.
Can I be charged with drug conspiracy if I never handled or sold drugs myself?
Yes. Pennsylvania’s conspiracy statute allows charges against anyone who knowingly helped plan, finance, or coordinate a drug operation, even if they never personally possessed, sold, or delivered a controlled substance. Serving as a lookout, providing transportation, allowing your home or vehicle to be used, or passing messages between participants can all be enough to support a conspiracy charge.
What penalties does a drug conspiracy conviction carry in Pennsylvania?
Conspiracy is graded at the same level as the underlying drug offense. If the planned crime was a felony, the conspiracy is charged as the same grade of felony, and you face the same maximum sentence as the people who actually carried it out. For example, a conspiracy to deliver a Schedule I or II substance can carry up to 15 years in prison and a $250,000 fine. Convictions also trigger a driver’s license suspension and a permanent criminal record.
Will my case be prosecuted in state or federal court?
It depends on the scope of the alleged operation. Cases limited to Pennsylvania are typically prosecuted by the Allegheny County District Attorney or the Pennsylvania Office of Attorney General. If the investigation involves a federal agency such as the DEA, crosses state lines, or involves large quantities of controlled substances, you can be charged in the United States District Court for the Western District of Pennsylvania, where mandatory minimum sentences may apply.
What defenses are available against drug conspiracy charges?
Common defenses include challenging whether an agreement actually existed, arguing that you lacked knowledge of the conspiracy or did not intend to join it, disputing that any overt act took place, and attacking the credibility of cooperating witnesses. Motions to suppress evidence obtained through an illegal search, an invalid wiretap, or an unlawful traffic stop can also weaken the prosecution’s case. The right strategy depends on the specific facts, which is why early representation is critical.
Questions? Contact Us.
Your rights are at stake and you need the best defense to keep them. We will fight using the strongest defense available to get your drug conspiracy charge reduced or dismissed so you can move on with your life.
