CONTROLLED SUBSTANCE CONSPIRACY OFFENSES
18 P
a.C.S. § 903 & 35 P.S. 780-113(a)(30)

Thank you for visiting the Lampman Law website. Lampman Law is located on Public Square in Wilkes-Barre, Pennsylvania and we practice throughout northeastern and central Pennsylvania. From the time Lampman Law opened we have focused on criminal defense, have been in Pennsylvania criminal courts daily, and have represented good people that have been charged with felony drug conspiracy offenses and trusted us to defend them.

More Importantly, we understand how to defend felony PWID drug conspiracy cases—we prepare to attack—and to win. We insist on knowing every facet of every case we bring to trail. In doing so, we examine and test all the Commonwealth’s evidence. We research witnesses to learn how to challenge them. We carefully craft questions for cross-examination. Lampman Law is always ready and willing to fight.

Further, we perform a full investigation of all cases we handle before offering our advice concerning a case’s resolution. In short, we insist on reviewing all the evidence before concluding on the strength or weakness of a case. It is equally important, however, that we always offer direct and honest advice to our clients. If, after reviewing all the evidence, we determine that a case is unlikely to succeed we timely advise our clients of our opinion and fully explain our reasoning in detail.   

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CONTROLLED SUBSTANCE CONSPIRACY OFFENSES
18 Pa.C.S. § 903 & 35 P.S. 780-113(a)(30)

It is common for conspiracy to be charged in felon drug cases. In general, drug trafficking does not occur without a criminal conspiracy. Clearly, in most cases, the person that manufactures or transports a controlled substance to an area is not the same person to deal or deliver it to the user. In sum, there are usually numerous participants to a drug distribution enterprise. The link holding them together is a criminal conspiracy.

 

For more information and a better understanding of this crime please consider reading our overview to drug crimes and PWID pages. 

 

Conspiracy Defined

 

Section 903 of Pennsylvania’s Crimes Code sets forth the crime of conspiracy.

A person is guilty of conspiracy with another person or persons to commit a crime if with the intent of promoting or facilitating its commission he:

  1. agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or
     

  2. agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.

 

Analyzing the Elements of a Controlled Substance Conspiracy

To prove a criminal conspiracy in a drug case beyond a reasonable doubt, the Commonwealth must establish the defendant: (1) entered into an agreement with another person to commit a drug delivery or aid in drug trafficking; and, (2) an overt act was done in furtherance of the conspiracy.

 

It is important to note that while an overt act or substantial step to commit the drug crime must be shown, a completed drug deal or sale need not occur for a conspiracy crime to be committed.

 

The conduct of the parties and the circumstances surrounding their conduct may be used as evidence to link the accused to the alleged conspiracy. The illegal agreement can be inferred from a variety of circumstances including, but not limited to, the relation between the parties, knowledge of and participation in the crime, and the circumstances and conduct of the parties surrounding the criminal episode.

 

Offense Grading & Penalties  

Controlled substance conspiracy cases are graded as a felony. The penalties (maximum and sentencing range) are dependent on the drug, weight, and incidents involved. 

 

Defenses to Controlled Substance Conspiracy Cases

As with any other case, defending a criminal conspiracy starts with analyzing the facts of a case and attacking the elements of the crime. If the Commonwealth cannot prove an element, then the prosecution fails.

 

Likewise, constitutional challenges (illegal stops, arrests, searches, wire taps, surveillance) may present avenues to relief and must be carefully considered. Depending on the facts, entrapment or challenging identity may also present viable defenses.  

 

Moreover, mere presence is not enough to prove a drug conspiracy. Likewise, mere presence is not enough to prove constructive possession of a drug that is among a group of people. There must be some evidence (physical, testimonial, or circumstance) to link the accused to the drug or the drug trade. 

Free Consultation

 

If you or someone you love is charged with Controlled Substance Conspiracy in Pennsylvania call Lampman Law for a free consultation, these cases are challenging but we can help.

2 Public Square, Wilkes-Barre, PA 18701

reception@lampmanlaw.com  |   570-371-3737

Lampman Law practices criminal defense and civil rights in the Counties of: Bradford, Carbon, Clinton, Columbia, Lackawanna, Lehigh, Luzerne, Lycoming, Mifflin, Monroe, Montour, Northampton, Northumberland, Pike, Schuylkill, Snyder, Sullivan, Susquehanna, Union, Wayne, Wyoming. Lampman Law Office is located in Wilkes-Barre, Luzerne County, Pennsylvania.

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