Legal Question in Criminal Law in Pennsylvania
Pennsylvania Parole Violation Drug Offense PT2
Well currently the only details I have is that the accused parole violater was caught in a sweep operation at which point he was not caught with the actual drugs but was lumped in with the rest of the group because the found paraphonalia i.e... crack baggies so the said the violation was intent to distribute! This is all the detail that has been provided to me at this time!
1 Answer from Attorneys
Re: Pennsylvania Parole Violation Drug Offense PT2
This sounds like a case that should probably be defended from your description. You say the person was not caught with the drugs, was caught in a "sweep" operation, and that they had "paraphernalia" in the form of baggies.
It sounds to me like they were missing probable cause for the search, that even if they weren't there was no drugs in the person's possession, and that the only charge that could stick is possession of "paraphernalia" if the prosecution can convince the court that baggies are paraphernalia.
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