Skip to main content
Gregory David MacFarlane

Gregory MacFarlane’s Answers

5 total

  • Licensing

    .I moved from new jersey to philadelphia. while in new jersey i did have fines and tickets and violations, which i took care of.I moved to phila years later got a phila license. no problems had no trouble for 10 years.I went to get my license ren...

    Gregory’s Answer

    Unfortunately ta recent change in the law prohibits the Commonwealth of Pennsylvania from granting a license to drive to you while you have unresolved driving issues in another state. This is a provision of one of the anti-terrorism statutes which is suppose to keep us all safer. I fail to see the connection. However, what it means for you is that you will need to get in good stead with New Jersey before you can be licensed in New Jersey. You do not need an attorney but you may find it helpful to contact a New Jersey lawyer who handles license restoration.

    See question 
  • What is the process for quashing a warrant in state of PA

    My boyfriend has two outstanding warrants in the state of PA. One is for trespassing and the other is for being high in public. The first was issued in levittown the second in phila county. My question is, what does he do to get this removed an...

    Gregory’s Answer

    I meant to say "any weekday" not "and weekday"

    See question 
  • What is the process for quashing a warrant in state of PA

    My boyfriend has two outstanding warrants in the state of PA. One is for trespassing and the other is for being high in public. The first was issued in levittown the second in phila county. My question is, what does he do to get this removed an...

    Gregory’s Answer

    When you say that your boyfriend has a warrant, I assume that you are referring to a Bench Warrant, meaning that he failed to appear for a previous court date. The process for removing a bench warrant in Philadelphia County is very simple. He will need to go to the basement of the Criminal Justice Center at 1301 Filbert Street in Downtown Phila, before 8:30 AM and weekday. He will tell them who he is, and they will give him a subpoena to appear in Courtroom 503 at 1:00. A bail commissioner will preside over the matter. Your boyfriend may be asked why he missed court, but due to the fact that he has come forward on his own, and the fact that the charge is minor, it is very unlikely that he will have to post any new bail. He should be on his way back home by 2:30. It is really nothing to be afraid of.

    After handling the Philadelphia matter, he may want to call the District Court in Levittown and set up a time when he can get that matter resolved.

    See question 
  • What are the possible consequences for taking a gun from a car, first offense for an 18 year old

    if my son took a gun froma car how much time will he get first offense 18 but thers no evidence of a gun he was accused of this

    Gregory’s Answer

    In addition to the possible theft charges, which are relatively minor by comparison, your son has likely been charged with Violation of the Uniform Firearms Act. Though a potential sentence is based upon many case specific factors, and can be dependent upon the Jurisdiction and the judge presiding over the matter, it is possible to give you a general idea of the severity of the case. In Pennsylvania, potential sentences are governed by the Pennsylvania Sentencing Guidelines. Because your son has no previous criminal record, it seems likely that he was otherwise eligible to obtain a valid license to carry a firearm. If this is the case, the gun possession would be graded as a misdemeanor. This is good, because a felony gun possession carries with it a suggested sentence of 1 to 2 years for a first time offender. By comparison, the high end suggestion for punishment for misdemeanor possession of a gun is 3 months. More likely than not, this would be a probation case.

    See question 
  • Possession with intent to deliver, and manufacturing of controlled substances along with criminal use of communication in PA

    Hello. I am in montgomery county Pennsylvania I got a bag of marijuana for a friend which weighed 28 grams A few months ago. It turned out he was wearing a camera and being an informant at the time. This is all that happened and nothing more. He ...

    Gregory’s Answer

    Obviously it would help you if you can afford to retain an attorney. It is very unlikely that your post could be traced back to you, but it is a good idea to refrain from talking about the specific facts of your case. The first step in the process is a preliminary hearing. At this time, the Commonwealth must present some evidence to support the argument that you were involved in drug distribution. This burden is not difficult to meet. However, based upon the facts that you presented, I believe that it is a stretch to say that you were involved in a conspiracy with the drug dealer. Merely knowing where an individual can get drugs is not enough to establish a conspiracy

    Criminal conspiracy is defined in 18 Pa.C.S. § 903 as follows:
    "A. Definition of conspiracy -- A person is guilty of conspiracy with another person or persons to commit a crime if with the intent of promoting or facilitating its commission he: (1) agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or (2) agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime."

    He there does not appear to be proof of an agreement between you and the dealer. Therefore, I would anticipate arguing that there was no overt act establishing a conspiracy between you and he. At worst, this looks more like you and a friend buying some weed together.

    See question