When you are arrested on drug charges, you face potentially harsh penalties. Possession of even a small quantity of illegal drugs for personal use can lead to jail or prison time in some cases.
Contact a Butler County drug lawyer at our firm for legal support. All of our lawyers are former prosecutors and therefore uniquely and well equipped to defend criminal cases; we have experience on both sides of the courtroom and know how the system works. Call today to schedule an initial consultation with an experienced defense attorney.
The federal government classifies illegal drugs on a five-tiered schedule according to their medical utility and potential for abuse. Schedule I drugs are the most dangerous, with a high potential for abuse and no medical use. Schedule V drugs have significant medical value but contain small amounts of narcotics that could lead to abuse.
Not all illegal drugs are listed on the schedules. Counterfeits or imitations that possess the same active substances can also be controlled substances.
Like most states, Pennsylvania law distinguishes between possessing drugs for personal use, possession with intent to distribute, and trafficking. The amount that the law considers appropriate for personal use varies depending on the drug.
Many states have decriminalized possession of small quantities of marijuana, and some have made recreational use by adults legal. Pennsylvania is not one of those states. Except for medical marijuana dispensed by prescription, possession of marijuana remains illegal.
Simple possession of a controlled substance means possessing only enough for personal use. Possessing up to 1 gram of heroin, up to 2 grams of cocaine, up to 5 grams of methamphetamine, and up to 30 grams of marijuana can result in a simple possession charge. The charge is a misdemeanor, leading to up to one year in jail and a $5,000 fine. Penalties increase for subsequent offenses.
A conviction for drug distribution or trafficking results in much harsher penalties. For example, according to 18 Pennsylvania Consolidated Statutes § 7508(7)(i), possessing more than 1 gram but less than 5 grams of heroin can result in a 2-year prison sentence for a 1st offender and a 3-year sentence for someone with prior convictions.
Our Butler County drug attorneys could investigate to ensure that the police lab’s identification is correct and that evidence-handling procedures are scrupulously followed. If not, challenging the charge based on misidentification or mishandling could spur the prosecutor to reduce or drop the charge.
Courts and the public increasingly recognize that addiction treatment is often more effective than incarceration in combatting drug crimes and is typically a less expensive option for taxpayers.
The Accelerated Rehabilitative Disposition (ARD) program is a pretrial diversion program in Pennsylvania designed for first-time, non-violent offenders. ARD offers an opportunity to avoid a criminal conviction by completing a structured program focused on rehabilitation rather than punishment.
Participants in ARD must typically complete probation, community service, alcohol or drug counseling (if applicable), and pay court costs and restitution. In exchange, their charges may be dismissed and, in many cases, expunged from their record upon successful completion. This program is especially common in DUI cases, but it can apply to other non-violent offenses as well.
However, ARD is not automatic, and admission is at the discretion of the district attorney’s office. An experienced Butler County defense attorney can help navigate the application process, improve your chances of acceptance, and ensure that your record is protected.
If you’ve been charged with a first-time offense, ARD may be your best path forward. Contact Benjamin Levine Law today to discuss your options.
If an individual is ineligible for the Accelerated Rehabilitative Disposition (ARD) program or has been denied entry, Probation Without Verdict may serve as an alternative resolution. Under Pennsylvania law, specifically 35 P.S. § 780-117, this option is available to first-time, nonviolent drug offenders who can demonstrate drug dependency through qualified medical testimony. The individual must enter a plea of guilty or nolo contendere to the drug charges and will then be placed on probation for a period not exceeding the maximum penalty for the offense. Upon successful completion of the probation terms, the court will discharge the individual and dismiss the proceedings without an adjudication of guilt, allowing for the expungement of the individual’s criminal record. It is important to note that this opportunity is available only once and is not applicable to individuals with prior convictions or those charged with multiple offenses arising from separate incidents.
For individuals facing drug-related charges in Butler County, Drug Treatment Court offers an alternative to traditional criminal prosecution. This specialized court is designed for non-violent offenders struggling with substance abuse, providing a structured rehabilitation program instead of jail time. Participants must undergo intensive supervision, mandatory drug treatment, regular court appearances, and frequent drug testing. Successful completion of the program can lead to reduced charges, lighter sentencing, or even case dismissal, allowing individuals the opportunity to rebuild their lives without the long-term consequences of a criminal conviction. However, entry into Drug Treatment Court is not automatic—eligibility requirements are strict, and the application process can be complex. A Butler County criminal defense attorney can help determine if you qualify and advocate for your acceptance into the program.
If you or a loved one is facing drug-related charges, contact Benjamin Levine Law today to explore your options and fight for the best possible outcome.
Veterans Treatment Court in Butler County is designed to help military veterans facing criminal charges, particularly those struggling with PTSD, substance abuse, or mental health challenges stemming from their service. Recognizing that veterans often face unique struggles after returning to civilian life, this program focuses on rehabilitation rather than punishment, offering a structured path toward recovery and stability.
Participants in Veterans Treatment Court receive specialized support tailored to their needs, including mental health treatment, substance abuse counseling, mentorship from fellow veterans, and close judicial supervision. The goal is to address the underlying issues that led to the offense and provide the tools necessary for long-term success. Completing the program can result in reduced penalties, alternative sentencing, or even case dismissal, helping veterans move forward with their lives.
For those who qualify, Veterans Treatment Court offers a life-changing opportunity, but it requires commitment and accountability. If you or a loved one is a veteran facing criminal charges, Benjamin Levine Law can help you explore this option and guide you through the process. Contact us today to learn more.
Behavioral Health Court in Butler County is a specialized program designed for individuals whose mental health conditions have contributed to their criminal charges. Instead of focusing solely on punishment, this court provides an opportunity for treatment, rehabilitation, and structured support, helping participants address the underlying issues that led to their involvement in the justice system.
This program connects eligible individuals with mental health services, case management, counseling, and medication management, all while requiring regular court appearances and close supervision. The goal is to reduce recidivism and provide long-term stability by ensuring participants receive the treatment they need. Successful completion of the program can lead to reduced charges, alternative sentencing, or even case dismissal, offering a second chance for those struggling with mental health challenges.
Behavioral Health Court is an important resource, but not every defendant qualifies, and participation requires dedication to the program’s structure. If you or a loved one is facing criminal charges related to mental health struggles, Benjamin Levine Law can help determine your eligibility and advocate for the best possible outcome. Contact us today to learn more.
Drug charges can have a devastating impact on your future. However, with the help of a skilled Butler County drug lawyer, it is possible to emerge from the ordeal without significant criminal penalties.
Our firm’s attorneys were prosecutors before they were defense attorneys. They are deeply familiar with the criminal justice system and will use that knowledge to their advantage. Contact us today.