CRIMINAL USE OF A COMMUNICATION FACILITY

Using a cell phone to set up a drug deal constitutes its own crime in Pennsylvania. In many drug cases, Criminal Use of a Communication Facility will serve as the lead charge, while the individual also faces Drug Delivery or Possession With Intent to Deliver or Conspiracy charges. These cases are often fact intensive, and require careful examination of the evidence by a skilled criminal defense attorney.

Elements and Penalties for Criminal Use of a Communication Facility Offense

The crime of Criminal Use of a Communication Facility is a 3rd Degree Felony punishable by a maximum sentence of up to 7 years in prison and a fine of $15,000. In order to find you guilty, the Commonwealth must prove the following elements beyond a reasonable doubt:

  • You intentionally, knowingly or recklessly used a communication facility, which is a device used to transmit signs, signals, writing, images, sound, data or other intelligence transmitted by telephone, wire, radio or other means;

  • You intentionally, knowingly or recklessly used the communication device to bring about commission of a felony crime, including felony violations of the Controlled Substance, Drug Device and Cosmetic Act;

  • The felony crime did in fact occur.

Why am I being charged with Criminal Use of a Communication Facility?

In most cases, a person is charged for using a cell phone to set up a drug deal. In this scenario, law enforcement may overhear conversations occurring between a suspect and confidential informant, or may have located a cell phone on your person or in a vehicle during a search. In order to prove their case, they may obtain a search warrant to access your cell phone for text messages or calls exchanged with a buyer. This crime also applies to those that use a phone, computer or other electronic device to facilitate felony crimes like theft, forgery or sexual offenses.

Protecting Your Rights in a Drug Prosecution

Police may have pulled your car over, detained you or arrested you without legal justification. If that occurs, your attorney can prepare and file a motion to suppress all evidence obtained against you, including drugs, paraphernalia and cell phones. If successful, it will prevent the District Attorney’s office from presenting some or all of the evidence in your case at trial, which may further lead to a withdrawal of your criminal charges. Furthermore, the DA’s office may not be able to prove that the underlying felony drug crime actually occurred, which is the third element of the crime.

Former drug crimes prosecutor Dave Zuckerman has prosecuted and defended those accused of a Criminal Use of a Communication Facility offense, and understands how to prepare your defense. To speak with him directly about your case, call 412-447-5580 as soon as possible.