Question about drug possesion

Y2KES26 · #1 03-06-2007, 09:37 AM

Just a quick question I'm hoping someone can answer. My brother was caught at college with a bag of pot on him. He has to go to a court hearing tomorrow for it. What should he expect to happen? Fines, does that go on your permement record, kicked out of school? Just trying to figure out what he's going to get. Thanks

Imperial1 · #2 03-06-2007, 09:41 AM

It completely depends on the amount he had...he could be charged with intent to deal which would probably get him kicked out of school and given jail time if convicted

Luffsta · #3 03-06-2007, 09:47 AM

Less than an ounce and he will probably be fine as long as he didn't have it split into seperate bags. If it was in seperate bags then he might be charged with intent to sell which can be a felony.

Y2KES26 · #4 03-06-2007, 09:50 AM

He had like an 1/8, thats all. In 1 bag

Imperial1 · #5 03-06-2007, 09:54 AM

Quote:

The penalties for Possession with intent to Deliver or Manufacture a Controlled Substance (sale, delivery or distribution) in PA are:

For a Schedule I or II drug (narcotic, e.g. Heroin) - up to 15 years in prison and a up to a $250,000 fine.
For phencyclidines (PCP), methamphetamines (Meth), cocoa (Cocaine) and its derivatives, or Marijuana in excess of 1,000 pounds - up to 10 years in prison and/or a $100,000 fine.
For any other Schedule I, II or III drug not included above - up to 5 years in prison and a up to a $15,000 fine.
For a Schedule IV drug - up to 3 years in prison and a up to a $10,000 fine.
For a Schedule V - up to 1 year in prison and a up to a $1,000 fine.
Depending on the charges, you can also face separate Federal penalties for drug distribution, sale, or trafficking.

Any above penalty may be doubled or tripled if you are also charged with distributing controlled substances in a school zone, or distributing to a minor/person under 21 years of age.

Two rules of defense:
1)file a motion to suppress the evidence against you on the grounds of illegal search on grounds of lack of probable cause or police procedural errors also challenge the prosecutor to prove that any drugs/controlled substance belong to you or was legally in your possession.

2)More importantly try to get the charges reduced to a simple drug possession charge, to try to get the severity of the charge dropped from a felony to a misdemeanor, and reduce the risk of the most potentially serious penalties and jail time.

Imperial1 · #6 03-06-2007, 10:01 AM

Quote:

Originally Posted by Y2KES26

He had like an 1/8, thats all. In 1 bag

he should take his misdemeanor and plea for probation, drug counseling, and random testing, he could try to say it wasn't his and suppress the evidence but that would take so slick counseling from his lawyer....he probably wont get kicked out of school but will end up on probabtion at school and may receive a suspension (though colleges usually just put you on probabtion for that)

Y2KES26 · #7 03-06-2007, 10:11 AM

Thanks alot for the info. I appreciate your help.

Saltn4dollars · #8 03-06-2007, 10:19 AM

In Cleveland, thats a $50 dollar ticket, and loss of your stash...( up o 6 grams...)... You can even waive the ticket and just sed the cash...

Tell him to get ready for Community Service and some piss testing for a year.. His wallett will be a little lighter, but no biggie overall...

playa · #9 03-06-2007, 01:22 PM

actually, in cleveland.. and the rest of ohio under 100 grams is no jail time and just a ticket, it's pretty much a regular old traffic offense now after they decriminalized it a few years ago

trainwreck · #10 03-06-2007, 02:20 PM

Depends on the laws of the state. In CA, anything less than an ounce is just a misdemeanor and only results in a fine. While in a place like Nevada it can be a felony.

Saltn4dollars · #11 03-06-2007, 02:31 PM

Quote:

Originally Posted by playa

actually, in cleveland.. and the rest of ohio under 100 grams is no jail time and just a ticket, it's pretty much a regular old traffic offense now after they decriminalized it a few years ago

damn, i need to start taking more out with me...

Lawdog · #12 03-06-2007, 03:31 PM

Here is the skivy, which is really driven by the law of the arresting jurisdiction:

1. a conviction, even on a misdemeanor, can depending on the charge cause you to be ineligible for fed/state employment, federal student aid, denied access to college and most post secondary education, etc and be a blemish for the convicted forever;

2. most states have a suspended imposition of sentence type system where if it is a low grade possession charge, you can agree to a plea and if you fulfill all the conditions of sentence the charge is removed from your record and you are no longer subject to the sanctions noted above.

3. be penny wise not pound foolish on this - get a good lawyer who has a solid rep in the practice area (an ex prosecutor, a hungry youngish late thirties early forties defense lawyer or someone with a really good rep) - pay some money, get it fixed right and move on. You wouldn't try to remove a bullet yourself if you were shot, right? I do not care if it is the day before, hell, find someone good in the courthouse that morning if you have to but do not represent yourself. Abe Lincoln and Winston Churchill both agree, a person who represents himself/herself has a fool for a lawyer.