Legal Question in Criminal Law in Pennsylvania

worried mom

6 months ago i received a call from the state police they had my son there-i went down-he was not arrested but was caught with 21/2oz of pot on him-the cop said because of his complete cooperation if anything happened he would be charged with possesion-a misdemenor-he was released and asked to work with vice-after talking with a lawyer he declined the offer to work with vice-6 months later he gets a citation in the mail with a misd. charge and a felony charge of intent to distribute-mfg.sell along with the possesion charge-he is in the process of enlisting in the military-he qualified for a public defender-his hearing is next monday-im trying to find out what the best or worse case senerio could be-he has never been in trouble before-is there any way that the judge would drop all charges so that he could enlist in the military-is there a chance he could serve jail time-in his statement the night he got pulled over he admitted that he was selling this and he was glad he got pulled over because he wanted to stop-let me add that when this initially happened he enrolled himself in a drug rehab program and counseling-maybe that will be good for him???i dont know i just wondered what all could happen from this-thanks


Asked on 5/04/05, 10:30 am

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: worried mom

Sounds like your son has a preliminary hearing Monday. At the hearing the prosecution must present a prima facie case against your son. The fact he confessed would certainly satisfiy this requirement. Your son needs to have his lawyer make an agreement either placing the case in an alternative disposition program or pleading guilty to reduced charges. The felony charge, if your son is convicted of it, most definitely will keep him out of the military. A misdemeanor conviction may or may not keep him out. Although public defenders are experienced and often able attorneys the caseload they carry can devert their attention. Another issue is that your son may have Miranda issues and the presence of a stenographer to record the testimony for future proceedings is highly advised. You should inquire whether or not the public defender has arranged for one and if not you may wish to privately pay for one to be present. The stenographer at this stage is not a requirement but your son does have the right to have one present if he pays for it. You might wish to speak with private counsel as to what a defense might cost. I offer free consultations.

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Answered on 5/04/05, 10:55 am


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