I have no prior misdameanor or felony conviction s. I had a bac of 1.8 and 5 nanograms of thc in my system. I was told the most I was looking at was 3 days in jail if I didn't get ard (which I was told was likely). I'm really scared now because m...
With no prior criminal history, you should only be facing the 3 day mandatory minimum jail sentence if you do not receive ARD.
This may have been a breakdown in communication. For example, in an effort to deter you from more problems in the future, a driving school instructor may explain that if you received a Second Offense, DUI based on the combination of drugs and alcohol, you would then face a minimum of 90 days in jail. Additionally, if you are a minor and receive ARD, you would be subject a 90 day license suspension specific to the DUI.
Ultimately, the best way to resolve any confusion is to consult with an experienced PA DUI Defense Lawyer and review your case in a confidential setting. Good luck.See question
I was put on the ARD program for a retail theft charge. I am very close to finishing this program. A few days ago, I was arrested for a drug charge. I was hanging out with the wrong person who had drugs with them in my car. They arrested both of ...
The filing of a new criminal charge can certainly lead to your removal from the ARD Program, as a new charge without a conviction can be the basis for a violation.
The fact that you have been charged cannot be changed. However, you control how you respond to it. The best way to protect your interests and control the outcome on both the new criminal charge and the potential violation is to get a criminal defense representation for your Preliminary Hearing.
In the meantime, you should not post any further details about your case in this forum (or any other social media platform), as it is not a confidential setting. You should immediately contact a criminal defense lawyer for a phone consultation.See question
No one was home, but the front door was accidentally left unlocked. door to the garage tripped the alarm.
While it may be lawful for the police to enter a home incident to an alarm, the entry and any search should be limited in scope. The lawfulness of any search upon entry would require a fact-specific inquiry.
Ultimately, the basis for your question must relate to a desire to seek some specific remedy. For example, if criminal charges are filed incident to the search, you may be looking to see if the evidence is legally seized or obtained by the police.
You should not provide any further facts in this forum, as it is not a confidential setting. Instead, you should immediately contact a lawyer who focuses on criminal defense and has experience handling cases in the county in which the incident occurred.See question
I was pulled over last night in the way home from work. It was a new job that I had to get due to my hours being cut back to 18/wk due to universal healthcare. Older job (still employed there) is walking distance. New job is not. I had to drive be...
You appropriately recognize the significance of the short and long-term consequences you face. You have also taken a step in the right direction by reaching out for advice from an experienced attorney. However, you should not discuss any further details of your case in this forum because it is not a confidential setting.
The best way to explore potential defenses and other options is to immediately consult with a lawyer by phone, as you reference multiple factors that could 've beneficial.See question
Was recently charged in PA for conspiracy to retail theft, possession controlled substance & paraphanalia. I was with my brother who decided to steal after we were already in the store. I bought a DVD for my niece and nephew as well as a soda. He ...
The answers previously provided are all on point.
You should immediately consult with an experienced Dauphin County Criminal Defense Lawyer to determine whether you may be able to challenge your arrest and the subsequent search.
If you have not had your Preliminary Hearing, you should seek counsel prior to that time. In Dauphin County, there should be a prosecutor at that hearing, which will present an opportunity for negotiations. It will also offer an opportunity to have a hearing where your attorney can cross-examine witnesses and build a record for your defense.
Contact a Harrisburg Criminal Defense Attorney immediately for a consultation.See question
If my boyfriend is being charged with one count of unlawful possession of drug paraphanelia and a manufacture with intent to sell charge and hes been in county prison for a year in 8 months .. he still has sentencing so if he gets a 3-6 and is eli...
As Attorney Jones has suggested, if your boyfriend has counsel, he should address this issue with his attorney.
However, a RRRI minimum should be 3/4 of the original minimum sentence where that minimum is 3 years or less. Otherwise, the RRRI minimum should be 5/6 of the original minimum sentence.
In a case where the original or true minimum sentence is 3 years, the RRRI minimum should be 27 months.
As previously indicated, the specifics on sentencing, RRRI, and the application of the same should be addressed with your boyfriend's attorney directly. If he does not have counsel, he should seek the representation of an experienced criminal defense lawyer immediately.See question
Attorney Jones has provided you sound advice on how to proceed moving forward.
If you have not done so already, you should contact a Harrisburg Criminal Defense Attorney immediately for a free initial consultation.See question
During a search of a property the police found 50 bundles of dope within the home not on anyone just within the home. A person was arrested however the only thing they found on the individual was a bag of marijuana. The cops still arrested the i...
Your question presents multiple issues that will require a consultation with a criminal defense attorney in your area. You should not post any more specific facts in this forum, as it is not a confidential setting.
That said, let's generally address a few of the issues you have presented.
First, the police can charge and prosecute a person for a drug offense if they have probable cause or some evidence the person charged may have committed the crime. This does not mean that they can necessarily prove the case beyond a reasonable doubt or that all of the evidence was lawfully obtained (i.e. - the home was searched pursuant to a valid warrant or consent).
As has been suggested, although the person charged with (presumably) Possession With Intent to Deliver did not have the drugs on his/her person, the police can charge someone under the theory of constructive possession. This will require the prosecution to present evidence that this person had the intent and power to control the drugs. There are any number of factors that could come into play. For example, the person charged may have been the target of the investigation or search incident to a recent drug delivery; or the drugs may have been found in close proximity to the person charged along with circumstances suggesting that person placed the drugs in the place they were found. As suggested earlier, a comprehensive analysis of this issue must be completed by an experienced drug defense attorney during a confidential consultation.
Next, the penalties the person charged with the drug crime can face will be based upon a number of factors.
Based upon the number of "bundles", it would appear the person is charged with Possession With Intent to Deliver (PWID), as opposed to Simple Possession. If so, the person is facing a felony drug crime (not a misdemeanor) and, thus, the general penalties will be higher resulting in an increased likelihood of jail if convicted.
The drug is also important. Since your reference "bundles of dope," it would appear the drug is heroin. Additionally, the number of bundles, "50", indicates a measurable weight. Both of these factors are important because there are mandatory minimum sentences for felony drug crimes under Pennsylvania law. The minimum threshold to trigger a weight mandatory for heroin is one (1) gram. If this is met, the person is likely facing a state prison sentence if found guilty. The actual mandatory minimum sentence the person faces will based upon the actual weight and whether the person has an prior felony drug convictions.
Finally, in addition to any potential weight mandatory minimum sentence, the person could also face school zone mandatory or enhancement depending on the location of the home where the drugs were found.
Your inquiries here are a good start. However, it is imperative that the person charged immediately consult with a qualified attorney.See question
something that happened 2 years ago. They waited exactly 2 years to issue a warrant. I do know what this is about however i had nothing to do w this and am afraid to go talk to police i dont want to be thrown in jail
Your caution in how you proceed and discretion in limiting the information you post in this open forum is well-placed.
The first step in dealing with an open case with an active warrant is understanding what you control. You have the opportunity to control the manner in which you address the warrant, which should be done voluntarily with counsel.
Bail will have to be set when the warrant is addressed. While monetary bail could be set requiring you to post money in order to remain free, it is not automatic. There are many factors a judge must consider when setting bail including the risk of flight. When a person voluntarily appears with counsel to address a warrant, the apparent risk of flight is reduced.
Additionally, if you appear without an attorney, it offers an opportunity for the police to obtain statements from you. While a person can certainly refuse to speak with the police, it can become a challenge for many when faced with the reality of doing it. The representation of an attorney immediately eliminates any such risk.
You should immediately seek a free phone consultation with an experienced criminal defense attorney familiar with Juniata County (as it appears your charges may be pending there).See question
My son (14) was at a large party of teenagers that was drinking and the police were called in. He was not found to be in possession of alcohol nor did he have odor of alcohol on his breath. No Breathalyzer was performed nor was a field sobriety...
You have presented a number of facts that have appropriately caused you to question the basis for the police charging your son with an underage drinking offense. However, you should not post any more facts in the forum, as it is not a confidential setting. Instead, you should consult with an experienced Harrisburg Criminal Defense Attorney.
As one of my colleagues suggested, underage drinking penalties are real and include, but are not limited to, a fine and license suspension. Additionally, under Pennsylvania law, underage drinking is a "recidivist offense," which means the penalties increase with each future conviction for this offense -- fines get bigger and license suspension gets longer. Given your son's age, this is a relevant concern.
Finally, it is also important to understand that "underage drinking" is not the legal term for this offense. This is important to understand because "underage drinking" suggests that a person can only be found guilty if there is evidence that the minor (under 21) was drinking alcohol. However, the legal definition of the offense actually includes "purchase, consumption, POSSESSION, and transportation" of alcohol. Thus, in a setting like you have described, police often attempt to prove possession of alcohol based upon the relationship between the location of the booze and the accused (your son).
I hope this helps provide you a broader understanding of what you and your son are up against. This is not a journey you should make on your own. Rather, you should immediately contact a Dauphin County Underage Drinking Defense Attorney for a free phone consultationSee question