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

Asked about 6 years ago - Pennsburg, 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 met me i picked him up, drove him to my dealer, and got him the bag, then took him back to his car and left.

I am being charged with the following

manufacture of controlled substance drug device or cosmetic
35 P.S. 780-113(a)(30)

conspiracy @ manufacture of controlled substance drug device or cosmetic
Title 18, sec. 903 @ 35 P.S 780-113(a)(30)

Possession or distribution of a small amount of marijuana
35 P.S. 780-113(a)(30)(iii)

possession of drug paraphernalia
35 P.S. 780-113(a)(32)

criminal use of communication
S 18 (s looking thing)7512 (double s looking things)A

The officer told me i was looking at 3 felony's. I was arrested by the police department in collegeville about 15 miles away from my home town. I went to the local police station and they said the manufacture charges are put in there to intimidate me into snitching and will be dropped at court since they are not true, and that i will leave with the misdemeanors and no felony's. Although taking legal advice from a cop is like taking Computer advice from a car mechanic i guess.I was wondering if this could be true and if this is something that is seen often or not? What do you think will happen?

I am very confused as to why i am being charged with substance manufacturing when all i did was get a small amount of marijuana from a friend for a friend. I know that was wrong and will accept the misdemeanors involved, but the manufacturing charges are really throwing me for a loop so to speak.

I looked up the criminal use of communications and i read it was only a felony if i used it to commit a felony. is this true?

Any advice would be greatly appreciated. I have no cash for a lawyer right now and i will only be able to speak with my public defendor for 1/2 hour before my preliminary hearing.

Attorney answers (2)

  1. Jason Kutulakis

    Contributor Level 15

    1

    Lawyer agrees

    3

    Answered . The first thing you should do is stop placing facts of your incident into writing. This may be used against you. In this posting you made several dangerous admissions. I strongly suggest you hire an attorney and if you cannot afford one to make an appointment with the public defender immediately.

  2. Gregory David MacFarlane

    Contributor Level 7

    1

    Lawyer agrees

    3

    Answered . 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. ยง 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.

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