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I am being charged with possession of marijuana. with the help of a defense attorney, can these charges be dropped in court?

Hummelstown, PA |

i was pulled over yesterday for having a person in my car who had a warrant out for their arrest. when the officer walked up to my car, she said into her radio "yes, thats him." she asked him to step out of the car and told him he was under arrest. she eventually turned to me stating that my car smelled of marijuana, and that if i didnt consent to a search, they would call the k-9 unit and get a search warrant. so i cooperated. she placed me under arrest, but my miranda rights were never read to me. before consenting to the search, i told them exactly what they would find. (flakes of marijuana on the floor, seeds, stems, a box of cigars, and 2 glass pipes.) Im being charged with possession of marijuana. this is my first offense. i wasnt given any formal charges upon my release.

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Attorney answers 5

Posted

Don't ever trust anyone who promises they can get your charges dropped, but given that this is your first offense, I am sure they will be able to work something out if they don't feel like your case is beatable. Hummelstown is kind of far from Philadelphia, but if you don't feel comfortable with any lawyers from your local bar association, feel free to give me a call and we can discuss your case in detail. Best of luck!

Posted

It is likely that you will be charged with Possession of Marijuana as well as Possession of Drug Paraphernalia. Generally, the Dauphin County District Attorney does not agree to withdraw charges completely in these cases. However, there are alternatives to conviction that are available.

In my experience, the officer you are speaking of is generally receptive to those alternatives. While no attorney can promise a particular result, it is important that you retain counsel who will fully and fairly evaluate your case before making any particular recommendation.

For more information about Possession of a Small Amount of Marijuana, click a link below.

F. Dean Morgan, Esquire
www.HersheyCriminalDefense.com
1-888-821-9446

Posted

In addition to Mr. Morgan's accurate response, be aware that car searches are like a free lottery ticket to some police officers. They always will say something like Oh I smell marijuana, even when there is none in the car nor was it smoked in the car. I say let them get the K-9. Very often that is a ploy just to get you to search. Make them get a warrant. Many departments don't even have K-9 units.

Long short is that if they cops find something they hit the lottery, If they don't well what do they lose? Nothing that's what.

This information does not create an attorney /client relationship and should not be use or relied upon to make any decision in your case. Only consultation with your own attorney can provide you with the advice you need for your case.

Posted

Further by requiring the police to get a warrant will require not only more time but other agencies, particularly the District Attorney's Office and a Judge, to review the police's conduct and make a determination which realistically could take more than six hours.

Furthermore, if the police are in a more urban or developed area the department will often be tied up on handling many other matters and with so few K-9 officers would have to detain you for a prolonged and unreasonable period.

Finally, even if the police threaten you with a K-9 dog remember even if the department has one, the dogs require more rest than the other officers, and not all are trained to detect drugs, some smell for explosives and cadavers.

Answers to this question are for general purposes only and do not establish an attorney-client relationship

Posted

I agree with my colleagues. Look into a diversion program to see if it is offered.

Good Luck!

Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. This answer is meant for informational purposes only and should not be construed as legal advice within the bounds of a professional relationship. It is always best to seek counsel with a competent attorney experienced in your area of issue and fully informed about the facts of your case.