Do First Time Drug Offenders Go to Jail in Erie, PA?

By Stanton D. Levenson

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Drug Crimes

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Last Modified on Jun 02, 2025

Facing drug charges of any kind can be overwhelming, especially if this is your first offense. It’s not uncommon for prosecutors to seek the highest possible sentence, even for first-time offenders. Depending on your situation, drug charges can be quite serious and could result in a criminal conviction that could derail your life. You should contact a lawyer as soon as you can. You may be wondering, “Do first-time drug offenders go to jail in Erie, PA?”

It’s reasonable to expect fair treatment by the police and the court. Depending on the severity of your charge, you may be able to negotiate a plea deal or even pursue an Accelerated Rehabilitative Disposition (ARD) program or probation. Ultimately, the penalties you will face for your charge will depend entirely on the drug charge itself. If convicted, you will have a criminal record that will follow you for life unless your case qualifies for expungement.

Do First-Time Drug Offenders Go to Jail in Erie, PA?

Yes, it is entirely possible for a first-time drug offender to go to jail in Erie, PA. If a first-time drug offense is particularly egregious or results in harm, it will likely be treated by the prosecution as a serious drug crime. The fact that you are a first-time offender may have nothing to do with it and will not come into play. Generally, first-time offenders who do not go to jail are up for less serious crimes like simple possession.

All drug charges in Pennsylvania are governed by the Controlled Substances, Drugs, Device, and Cosmetic Act. This comprehensive legislative act describes every aspect of how controlled substances are manufactured, sold, distributed, and prescribed throughout the state of Pennsylvania. The full extent of your punishment may rely entirely on the kind of drug you had in your possession and how much of it you had on you at the time of your arrest.

According to a 2024 report by the United States Sentencing Commission, drug crimes accounted for the majority of sentenced crimes in Pennsylvania that year, at 43%. That is a significant step up from the national rate of drug crime sentences, which was 29.6% that year.

About the author: Stanton D. Levenson

Criminal Defense Lawyer at Stanton D. Levenson, P.A. Law Offices

Stanton D. Levenson is a criminal defense lawyer with Stanton D. Levenson, P.A. Law Offices in Pittsburgh, Pennsylvania. For more than five decades, he has represented clients in white collar crime, health care law, and criminal law matters. A graduate of the University of Pittsburgh School of Law (J.D. 1966), he is admitted to practice before Pennsylvania state courts, multiple U.S. Courts of Appeals, and the U.S. Supreme Court. His work has been recognized in Best Lawyers in America and Super Lawyers.

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Factors That Influence Your Penalties

When you are a first-time offender facing drug charges in Pennsylvania, there are many different factors that will ultimately influence what happens to you if you are convicted. An experienced drug crime lawyer can help you develop a solid defense and argue in your favor. However, the outcome ultimately is dependent on many elements specific to your case, such as:

• Severity of the Charge: Often, simple possession may result in probation or a fine. If the charge is substantially more serious, the stakes may be much higher for you. Regardless of whether or not you are a first-time offender, if you are facing drug manufacturing or distribution charges, you may be looking at significant prison time and hefty fines.
• Aggravating Factors: Drug crimes involving aggravating factors can have much more severe consequences and penalties, even if you are a first-time offender. Aggravating factors include the use of a weapon during the initial drug crime offense or involving minors in the offense.
• Judge’s Discretion: Ultimately, sentencing depends entirely on the judge presiding over your case. If they feel like you deserve additional punishment or an increase in penalties, they have the authority to sentence you accordingly.

FAQs

Q: Do First-Time Offenders Go to Jail in Pennsylvania?

A: Yes, it is entirely possible for first-time offenders to go to jail in Pennsylvania. Whether or not you will face jail time is dependent on many different factors, including the severity of the offense, the type of drug you were caught with, your prior criminal history, and the discretion of the judge assigned to your case. If the case is serious enough, you could very well be looking at jail time.

Q: How Long Do You Go to Jail for Drug Possession in Pennsylvania?

A: In Pennsylvania, the amount of time you could spend in jail for drug possession depends entirely on various factors unique to your case. These contributing factors include whether or not this is a first offense, whether or not it is simple possession, and the specific circumstances of the crime. If it is simple possession, you could face up to a year in jail, as well as a fine of $5,000. On subsequent offenses, you could be looking at up to three years in prison.

Q: What Is the Minimum Sentence for Drug Possession?

A: The minimum sentence for drug possession in Pennsylvania depends on the type of drug, how much of it you had on you, and whether or not this is your first offense or a subsequent offense. The minimum sentence for drug possession in Pennsylvania is a year in jail and a $5,000 fine. For subsequent offenses, you could face significantly higher penalties depending on the details of your case.

Q: Should I Hire a Lawyer to Represent Me?

A: Yes, you should hire a lawyer to represent you. When you are facing drug charges, you will want an experienced criminal defense lawyer to represent your interests and ensure that your rights are upheld. Never forget that you are innocent until proven guilty, and a skilled drug crime lawyer in Erie can craft a strong defense to back up your innocence. Having the right lawyer by your side can make all the difference.

Reach Out to an Exceptional Drug Crime Lawyer Today at The Levenson Law Firm

The legal team at The Levenson Law Firm understands how difficult it can be to face drug charges, even if it is your first offense. You don’t know how your case will fare in court, especially if the judge feels like you could be an example to other potential offenders. A seasoned and experienced lawyer can build a strong defense against a drug charge, no matter what the circumstances involved. Contact us to speak to someone on our team who understands what’s at stake for you.