18 Pa. C.S. § 7512 states that you may not use any “communication facility,” such as a phone or computer, to commit a drug-related felony. Violation of this statute is a serious offense that could result in thousands of dollars in fines, years behind bars, or both.
If you have been accused of violating 18 Pa. C.S. § 7512, you have the right to consult a Pennsylvania cybercrime lawyer , and it is best if you do so as soon as possible. Legal representation can help you avoid the worst penalties associated with this charge and get you your life back.
What 18 Pa. C.S. § 7512 Says
The crime codified at 18 Pa. C.S. § 7512 is referred to as “criminal use of communication facility.” Any sort of communication device meets the definition of a “communication facility.”
In short, this law states that you may not use any device to commit a drug-related felony. A drug crime may be graded as a felony under the following circumstances:
- There was a significant quantity of drugs involved
- The accused has been convicted of the same or similar offenses in the past
- The drugs involved are considered especially dangerous or addictive
To determine if they should charge you under 18 Pa. C.S. § 7512, the police may try to search your home and all of your devices. If they have a proper warrant, they have a right to do this, and you must allow them to conduct their search.
If the police do not have a proper warrant and conduct a search without your permission, they have violated your rights, and your attorney can ask that the court reject any evidence the police collected illegally. This could significantly weaken the prosecution’s case, which in turn could make it easier to get some or all of the charges against you dropped.
Never try to conceal devices or delete data. The police employ experts who know how to retrieve data that has been deleted or that is on damaged devices.
What 18 Pa. C.S. § 7512 Means for You
Criminal use of a communication facility is a third-degree felony. If convicted, the judge might order you to:
- Pay up to $15,000 in fines
- Pay additional money in court fees or restitution
- Be put behind bars for up to seven years
Please note that each time you use the device for a criminal purpose under this statute counts as a separate offense. So if someone uses their phone multiple times to contact others who are helping them manufacture a drug, each of those uses will be one additional charge against them. This can exponentially increase the penalties you face.
You should also be aware that 18 Pa. C.S. § 7512 is a separate charge in addition to any drug crimes you are charged with. For example, say that someone uses a social media site’s direct messaging system to set up a drug deal. If they are caught in the middle of the deal, authorities may charge them with drug possession or possession with intent to distribute as well as criminal use of a communication facility.
The more charges there are, the more severe the penalties you face, and the greater the effect on your life, reputation, and livelihood. It is in your best interests to act quickly if you have been arrested or have reason to believe that you will be arrested soon. Simply hiring a defense attorney can go a long way to making you feel more confident about your future.
A Charge Under 18 Pa. C.S. § 7512 Does Not Have to Upend Your Life
While being charged with any crime, especially a felony, can be frightening and overwhelming, you have options. Our attorney has experience with both drug crime and cybercrime cases, so we can defend you against any and all charges related to 18 Pa. C.S. § 7512.
What Does a Cybercrime Lawyer Do?
Broadly, your attorney’s job is to protect your rights and fight for the best possible outcome in your case. We might use any number of legal strategies to do this, from negotiating a plea deal to requesting that certain evidence be thrown out and even asking for charges to be reduced or dismissed.
In addition, we can handle all of the day-to-day tasks associated with your legal case, including filing paperwork and representing you at hearings and, if necessary, at trial. We can also try to arrange bail so you get back to your family as quickly as possible.
What Defenses Can You Use in Cybercrime Cases?
Depending on your situation, your lawyer might be able to employ the following defenses to your case:
- We can show that the case against you is built on illegally acquired evidence.
- We may argue that the charges are inappropriate or exaggerated—for example, your messages were taken out of context, or the amount of drugs involved does not justify a felony charge.
- We can demonstrate that someone else was using your device or account and that you knew nothing of the alleged illegal activity.
Even if we successfully defend you against charges of criminal use of a communication facility, we will still need to decide on a strategy for fighting whatever drug felonies you are charged with. We know of many ways to defend clients against such charges and can work with you to decide on the defense strategy that works best for you.
We Represent People Being Charged Under 18 Pa. C.S. § 7512
Our lawyer, David McKenzie, began his career as a prosecutor. That gives us a unique understanding of how the legal process works and how we can best protect our clients’ rights as their case proceeds. Call McKenzie Law Firm, P.C., today so we can tell you more about 18 Pa. C.S. § 7512 and start working to protect your rights.
