Legal Question in Criminal Law in Pennsylvania

Charged with Possesin of a controlled substance / PWI / Delivery of cocaine.

My Fiance's official charges are Possesion of a controlled substance / PWI / Delivery of cocaine. I will explain the situation & then ask my question. The police report says on Aug. 6th of 2008 he made a sale of 3.4 grams of cocaine to an undercover. They arrested him yesterday an he is out on ROR bail of $50,000.00. The police report says He made the sale to the undercover via the informin... saying he got in the car.. had a drug related converstation & then sold 3.4 grams of coaine to the undercover for $100.00. But in the police report it says he handed the cocaine to the undercover via the informin, which there saying he handed it to the informin ( a person that set him up ) an then the informin handed it to the undercover. Now my questions are what kind of time is he looking at? This is his first offense. No previous record or arrest other then DUI. Can he be charged with a sale to an undercover since they are saying he handed it to the informin in the car who then handed it to the undercover? How can he fight this since it was to a undercover. An is it possible to come out with some type of probation with out jail time??? Also he turned him self in when her herd they went to our old house looking for him.


Asked on 9/25/08, 7:43 pm

1 Answer from Attorneys
Brian Zeiger Levin & Zeiger LLP

Re: Charged with Possesin of a controlled substance / PWI / Delivery of cocaine.

He is looking at 1-2 years mandatory minimum time, upstate, regardless of the sentencing guidelines. However, in Berks there is a program called IPP for which he seems eligible based on what you wrote. IPP would not include any jail time. Ask his lawyer about IPP in Berks (or whatever county, some places its called IP).

Remember, possession with the intent to deliver is when you posses narcotics and give them to someone else. (pwid=posession with the intent to deliver).

Good Luck

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brian zeiger

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Answered on 9/25/08, 9:35 pm


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