Legal Question in Criminal Law in Pennsylvania

Marijuan Possession & Public Drunkeness

I was walking home from a bar.

I saw a road sign on the ground and picked it up to check it out.

The police were almost instantly on me.

During a search they found my sister�s marijuana and bowl in my pocket.

The amount of Marijuana was under a half of an eighth which is way under 30 grams

They arrested me and charged me with Marijuana Possession, Paraphernalia, and Public Drunkenness.

To further complicate matters I have a NCIC Extradition Code C (Misdemeanor- Surrounding States).

I use to live in CA, where I received my first and only DUI.

I did a few days in jail and I paid my fines. However, I lost my job before I was able to finish the classes and moved back to PA for work.

I signed a form saying that I would not return to CA and I completed the remainder of the classes in Ohio.

However, though I was originally informed by CA that the classes would transfer when I went to do so they refused it.

Other than that, my record is pretty clean.

I have my preliminary hearing on Tuesday.

What can I expect at the preliminary hearing?

Ultimate charge/punishment?

How can I take care of this CA issue so it does not haunt me forever?

I need a good attorney with good answers!


Asked on 6/10/08, 10:58 pm

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: Marijuan Possession & Public Drunkeness

I'm not sure about the California matter. My best guess is that since you completed the classes and since you signed a form saying that you would not return to California that you won't have any extradition problems. At most I think you might have to complete some additional classes that California will accept. The Preliminary Hearing may or may not be the place to start getting things worked out. It sounds to me like the public drunkeness was an excuse for a search without probable cause. You may want to fight this. You should contact an attorney in your County to discuss these matters and to represent you at the Preliminary Hearing whether you intend to defend or not.

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Answered on 6/11/08, 1:40 pm


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