How much time for Intent to Possess of a Controlled Substance with a record?

Q: I was sitting in the car all night getting high and I woke up to the police knocking on the window. I opened the door and I had drugs laying on my shirt. (Union City, PA)

A: This is difficult to give a reasonably accurate answer without more information. Generally, the courts sentence according to the sentencing guidelines which are a complex matrix of numbers. The two key factors in the guidelines are the Offense Gravity Score (OGS) which is a number assigned to each offense based on how serious it is, and the Prior Records Score (PRS) which is a number based on the individual’s prior records score. The OGS for Possession of a Controlled Substance will be low as it is an ungraded misdemeanor, but the unknown factor here is the OGS. In larger counties like Allegheny and Philadelphia, possession of a controlled substance usually results in probation. However, in smaller counties, a jail sentence is possible, even for possession of marijuana. Ask your private or public lawyer, they will know.

What do I do? A detective shows up at my door harassing me?

Q: A certain detective came to my house and pounded on the door until I came out. He talked about me being in a certain place and kept saying I knew why he was there and “don’t bullshit me!” I told him to get a warrant and get off my property. (Pittsburgh, PA)

A: It may mean that he has no evidence, or not enough evidence and by getting you supply the details, he will have enough evidence to arrest and maybe convict you. For example, if you say something like, “yeah, I was there, but I didn’t do anything”, that puts you at the scene which he may have not known or can only establish through some sketchy witness. Now, you have admitted to being at the scene, and he has enough to arrest you. So, the advice of most attorneys would be to say nothing and hire an attorney. You have a 5th Amendment right to not incriminate yourself.

I have a civil hearing tomorrow at the local magistrates

Q: Can I go to jail because I cannot take off work to go to a civil hearing at a magistrate? I’m being taken to court by a creditor (credit card company)? (White Oak, PA)

A: The short answer is no. Generally, civil court has no jurisdiction to incarcerate people. Only in rare circumstances such as when a person is found in contempt or in family court matters involving failure to pay child support. What will happen is that since you do not appear, and have made no effort to continue the case, a hearing will go forward without you and you will be found guilty in absentia. The creditor will ask for and receive the judgment, any interest owed, plus costs and lawyers fee. You might want to call the creditor and the judge and ask for a continuance.

Can they take child if marijuana in her system?

Q: Since it’s 2018 and marijuana is legalized in most States as recreational and medical, will they still take the child if she is born with marijuana in their system? I am asking for a friend. (Forest Hills, PA)

A: Marijuana is still illegal in PA. CYF can remove a child with drugs in her system at birth, especially where there are other signs of parental abuse or neglect. I think the issue is more complicated and not so black and white if the mother has a medical marijuana card, but CYF can still remove. I would suggest that your friend obtain a parent advocate attorney.

Can an emergency PFA prevent me from seeing my son?

Q: After an argument my boyfriend, he had me arrested and then filed a PFA that included my son. My son was in no way involved in the argument until I was told to leave the house and wanted to take him with me. (Pittsburgh, PA)

A: I am not sure of all the facts here, like is this child both of yours, is the house your boyfriend’s or yours, etc.? Regardless, if the PFA has been filed but no hearing has been held yet, you should defend it at the time of the hearing. There is not much you can do while the Emergency PFA Order is in effect. At the final hearing, a judge can grant the petition, deny the petition or find it does not apply to your son if granted. Additionally, most PFA’s are settled by agreement. Perhaps you can settle it in a way that the PFA does not apply to your son. If you want to see your son pending the emergency PFA order, talk to an attorney about filing an emergency motion for custody pending PFA hearing.

How do I get my sister out of my house? She does pay $200.00 month.

Q: I have asked my sister to leave for months. She refuses. She pays me $200 month. Do I need to not accept any money? She only draws $500 from SSD. (Pittsburgh, PA)

A: She is a month-to-month tenant under the PA Landlord-Tenant Act and therefore you must follow the landlord tenant laws and evict her.

If you are a minor can a probation officer watch you pee?

Q: I am on juvenile probation, and someone told me this is not allowed. (Pittsburgh, PA)

A: If you are female and he is a male (or opposite sexes), it should not be happening. If you are the same sex and he or she is legitimately monitoring urine tests, it is allowed. If it goes beyond that, you need to report it. (Pittsburgh, PA)

I received aid of execution from a Capital One card from years ago.

Q: They already have a judgement. I own nothing. I do have a bank account in me and my husband name. Car is in both names. I do not own it make payments. I have no savings account and our income tax return is in both names. Can they garnish my wages in PA or take my tax return refund? (Pittsburgh, PA)

A: As long as everything you own in in both names, you are shielded by the husband and wife entireties doctrine.

Can you get probation on a Felony 3 charge?

Q: My fiancé had 4 charges against him and it got reduced to 1 charge to an f3 he took the plea bargain that the public defender told him to take. The judge took his plea and said she advises him he might face a possible seven years and a $15,000.00 fine. What does that mean. Will he get probation, or does he go straight to doing that time? (Pittsburgh, PA)

A:  The Judge must read the statutory maximum a defendant is facing at sentencing but rarely sentences to the statutory maximum. The judges follow a matrix called the “sentencing guidelines” and normally sentence within the guidelines. If they do not sentence within the guidelines, they must state specific reasons on the record for issuing a sentence above or below the guidelines. If they do not they can be appealed. The sentencing guideline matrix factors in the Offense Gravity Score (OGS) based on how serious the crime is and the Prior Record Score (PRS) based on how many and what type of prior criminal convictions the person has. In larger counties such as Allegheny or Philadelphia, having no criminal record or having a minor criminal record can be a probation sentence on a Felony 3. Smaller counties tend to issue higher sentences, but I think with no criminal record or a minor one, probation is possible. You should ask the Public Defender. They do this every day and are very competent. The PD has the guidelines in her head and will know the tendencies of the judge when it comes to sentencing.

Can we pay ourselves for caring for our 90-year mother?

Q: Mom still lives at home. We have someone come in throughout the day but my three siblings and myself stay with her overnight and do 24 hour shifts on weekends. We’ve been caring for her for 3 years and have never paid ourselves because we didn’t know if we can do that. Also, if we are allowed, can we pay ourselves back? In the event she needs to go into a home and runs out of money and goes on Medicaid, will they come back on us to recoup the money that we paid to ourselves for her care? (Pittsburgh, PA)

A: Yes, as it stands now, if you have no written caretaker contract in place and you pay yourself as you go along, or try to pay yourself retroactively, this could potentially make your mother ineligible for Medicaid if she applies within the next five years. Medicaid would look at these payments as transfers for no consideration or fair value unless they are made pursuant to a written caretaker agreement signed by your mother if she is competent or by her Agent under a valid Power of Attorney.