There are two laws concerning Contraband in the context of prisons, jails and other like facilities. First is Title 61 of our Pennsylvania Law that governs Correctional Institutions. The other is in title 18 which is our Crimes Code. There are important and unique differences in what the government has to prove and especially in the penalties. When you need the best lawyer to fight contraband charges and knows Pennsylvania drug crimes defense, you call The McShane Firm
Justin McShane is top flight. I don’t put statements like that in writing for just anyone. Anyone in need of a lawyer, especially concerning a criminal case, would be hard pressed to find better. Thanks, Greg
G.W.
The Best
When I got this email from Justin asking me to write a review on him on this site, I dropped everything I was doing to do it.
Unfortunately, my daughter has a drug problem. We have been struggling with it for years in the family. She was caught by the police and sold to an undercover. Justin made it get through ARD so she would have no felony on her record and is now a college student and has a bright future. We cannot believe how great he is.
Anonymous
Charges Dismissed
Mr. Barrouk and the rest of your firm were able to get a Nol Pros order for all of the charges. Happy doesn’t begin to describe it. Everyone was very kind and [I] feel like I played a part not just as a defendant. Thank You.
BS
I have known Justin J. McShane for many years. He is forward-thinking and detail-oriented. Bottom line, he knows the law and how to win. If you are looking for a true professional that is always on the leading edge of legal issues and defense techniques, Justin McShane is the one you want on your team. He is constantly pushing his firm to the next level and they won’t let you down.
E.D.C.
Justin McShane, Esq and all of his associates are the most technically knowledgeable and skilled attorney in Pennsylvania, or, in the country for that matter. Hard working in all of their cases, their success rate is astonishing. As an attorney myself, I know when I see knowledge, hard work, and integrity in other lawyers. Look no further if you are seeking legal counsel. The McShane firm is it.
J.F.
The Law
You can look at the actual laws as they are on the books here: 18 PS § 5123. (Contraband) and 61 PA Cons Stat § 5902 (Contraband Prrohibited)
When selecting which attorney to hire, please consider:
- Can you call anytime and talk to a live person?
- Do they offer payment plans with no credit checks?
- Will your attorney be attentive and explain what’s going on?
At The McShane Firm, we answer yes to all of these questions. We strive to provide you with a great customer service experience during this tough time.
Contraband user the Crimes Code
Contraband-Non-Incarerated Person
The government has the never shifting burden to prove you guilty of each of the elements of the crime beyond a reasonable doubt. The government must prove the following beyond a reasonable doubt:
- the accused
- sells, gives, transmits or furnishes to any convict in a prison, or inmate in a mental hospital, or
- gives away in or brings into any prison, mental hospital, or any building appurtenant thereto, or
- on the land granted to or owned or leased by the Commonwealth or county for the use and benefit of the prisoners or inmates, or
- puts in any place where it may be secured by a convict of a prison, inmate of a mental hospital, or employee thereof,
- any controlled substance included in Schedules I through V of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act,
Contraband-Possession of controlled substance contraband by inmate prohibited.
The government has the never shifting burden to prove you guilty of each of the elements of the crime beyond a reasonable doubt. The government must prove the following beyond a reasonable doubt:
- The accused
- is a prisoner or inmate
- unlawfully had in his possession or under his control any controlled substance in violation of section 13(a)(16) of The Controlled Substance, Drug, Device and Cosmetic Act.
Contraband-Money to inmates prohibited.
The government has the never shifting burden to prove you guilty of each of the elements of the crime beyond a reasonable doubt. The government must prove the following beyond a reasonable doubt:
- The accused
- gave or furnished money
- to any inmate confined in a State or county correctional institution
To gain a conviction, the government must also prove that notice of this prohibition is adequately posted at the institution.
Contraband other than controlled substance.
The government has the never shifting burden to prove you guilty of each of the elements of the crime beyond a reasonable doubt. The government must prove the following beyond a reasonable doubt:
- The accused
- sold, gave or furnished
- to any convict in a prison, or inmate in a mental hospital, or
- gave away in or brings into any prison, mental hospital, or
- any building appurtenant thereto, or on the land granted to or owned or leased by the Commonwealth or county for the use and benefit of the prisoners or inmates, or
- puts in any place where it may be secured by a convict of a prison, inmate of a mental hospital, or employee thereof,
- any kind of spirituous or fermented liquor, medicine or poison.
What is The McShane Difference?
- We take time to understand your personal needs and goals. Then we cater our legal strategy to fit you.
- We care about you. We listen and return phone calls. We will take time to explain things so you are not left anxious in the dark.
- We will make this as easy as possible. We will try to minimize the number of times you have to be in court which means less disruption of your work and family life.
Does this sound like what you are looking for in an attorney? If yes, then take the next step and call (717) 657-3900.
Contraband-Telecommunication devices to inmates prohibited.
The government has the never shifting burden to prove you guilty of each of the elements of the crime beyond a reasonable doubt. The government must prove the following beyond a reasonable doubt:
- The accused
- acted without the written permission of superintendent, warden or otherwise authorized individual in charge of a correctional institution, prison, jail, detention facility or mental hospital,
- sells, gives or furnishes
- to any inmate in a correctional institution, prison, jail, detention facility or mental hospital, or
- any building appurtenant thereto, or
- puts in any place where it may be obtained by an inmate of a correctional institution, prison, jail, detention facility or mental hospital,
- any telecommunication device.
Contraband-Possession of telecommunication devices by inmates prohibited.
The government has the never shifting burden to prove you guilty of each of the elements of the crime beyond a reasonable doubt. The government must prove the following beyond a reasonable doubt:
- The accused
- is an inmate in a correctional institution, prison, jail, detention facility or mental hospital, or any building appurtenant thereto,
- had in his possession any telecommunication device
- without the written permission of the superintendent, warden or otherwise authorized individual in charge of a correctional institution, prison, jail, detention facility or mental hospital.
Contraband under the Correctional Institutions Code
(a) Alcohol and drugs.–
No spirituous or fermented liquor, drug, medicine, poison, opium, morphine or any other kind or character of narcotic shall, on any pretense whatever:
(1) be sold or given away in a correctional institution or in any building appurtenant thereto, or on the land granted to or owned or leased by the Commonwealth for the use and benefit of inmates; or
(2) be brought into a correctional institution or any building appurtenant thereto, or on to the land granted to or owned or leased by the Commonwealth for the use of and benefit of inmates, without a written permit signed by the physician of the correctional institution specifying the quantity and quality of the liquor or narcotic which may be furnished to the inmate or employee in the prison and the name of the inmate or employee for whom and the time when the liquor or narcotic may be furnished, except the ordinary hospital supply of the prisons.
…
(e) Weapons.–
No weapon or other implement which may be used to injure an inmate or person or in assisting an inmate to escape from imprisonment shall:
(1) be sold, given away or furnished to an inmate in any correctional institution or any building appurtenant thereto or on the land granted to or owned or leased by the Commonwealth for the use and benefit of inmates;
(2) be brought into any correctional institution or any building appurtenant thereto or on to the land granted to or owned or leased by the Commonwealth for the use and benefit of inmates; or
(3) be sold, given away or furnished, either directly or indirectly, to an inmate, either in or anywhere outside of the correctional institution, or be disposed of in such a manner or in such a place that it may be secured by an inmate in the correctional institution.
Maximum Penalties
Crimes Code based Contraband
Felonies
Both Contraband-Non-Incarerated Person and Contraband-Possession of controlled substance contraband by inmate prohibited under the Crimes Code are a Felonies of the Second Degree. As such, if you are convicted or plead guilty to it, there is a maximum sentence of 10 years in jail and a maximum fine of $25,000.
But there is more such as in the case of Contraband-Non-Incarerated Person as it has a two year mandatory minimum prison sentence even for a first offense.
But you also have to worry about the long term. Consider Felony Conviction Consequences in Pennsylvania.
Our Clients are entitled to a Bill of Rights which states:
- Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
- Our clients have the right to expect plain speaking, straight shooting. No B. S.
- Our clients have the right to expect us to do it right the first time, every time.
- Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
- Our clients have the right to expect that they will be fully informed at all times.
This is our promise to you. Call today to get us on your side: (717) 657-3900.
Misdemeanors
Contraband-Money to inmates prohibited is a misdemeanor of the third degree. As such, the maximum punishment is one year in jail and a fine not to exceed $2500.
Contraband-Other than controlled substance and Contraband-Telecommunication devices to inmates prohibited and Contraband-Possession of telecommunication devices by inmates prohibited are all misdemeanors of the first degree. As such, the maximum punishment is five years in jail and a fine not to exceed $10,000.00
But you also have to worry about the long term. Consider Misdemeanor Conviction Consequences in Pennsylvania
Contraband under the Correctional Institutions Code
A conviction for Contraband under the Correctional Institutions Code is an ungraded felony. The maximum sentence is a fine of not more than $1,000 or imprisonment for not more than five years, or both. There is a huge difference between convictions under the Crimes Code and the Correctional Institutes Code.
