Legal Question in Criminal Law in Pennsylvania

I was pulled over in Swatara Township PA for not coming to a complete stop at a stop sign. My vehicle was search. It was a consented search because the officer told me that if I didn't consent I would automatically lose my license. The police found a very small amount of marijuanna,rolling papers and a bowl. I was told I'm looking at 2 misdemeanors. That said, am I looking at any jail time for these offenses.


Asked on 11/10/09, 10:57 pm

2 Answers from Attorneys

Brendan Campbell Solomon, Berschler, Warren, Schatz, Flood & Monaghan

You most likely are not looking at jail time. However, it depends on your criminal record. You will be charged with Possession of a small amount of marijuana and possession of paraphenalia. Both are misdemeanors. The police may have acted improperly by threatening you with the loss of license, therefore you may have a suppression issue. You should consult an attorney immediately.

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Answered on 11/16/09, 8:34 am
John Davidson Law Office of John A. Davidson

There are other issues as well. First, the search doesn't look like it passes muster as voluntary. Second, to prove that it was indeed marijuana they will need a lab report. Under the latest ruling of the US Supreme Court. They can't use that report unless the lab tech testifies.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 11/16/09, 9:42 am


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