Tag Archives: MARIJUANA

DO I NEED A LAWYER?-FRIEND ADMITS POT WAS HIS

Q: Do I need a lawyer if I was caught after smoking marijuana and the marijuana that was subsequently found clearly wasn’t mine? Due to a faulty latch on our front door, a cop gained entrance to the office I work at where my coworker and I had just smoked marijuana. We were cooperative, which the cop appreciated, and, when he went through our stuff, he found a relatively small amount of marijuana in my co-workers bag. Weighs less than 30 grams. My coworker admitted it was his. He decided not to do anything that night but asked us to come talk to him at the police station next week. Can I get in trouble for being high and being with someone in possession of marijuana? Do I need a lawyer? (Pittsburgh, PA)

A: Being around marijuana in and of itself is not a crime. Possession of marijuana is a crime. If your friend admitted to possession, you really should not be charged with anything. I think it would be a stretch, but the cop may charge you with some sort of conspiracy to possess or conspiracy to commit a prohibited act. I doubt it, but it is possible. He probably wants you guys to work with him and lead him to the seller in exchange for the charges being withdrawn. If you go and talk to him, you may say something that hurts you, even though there is practically no real case against you. I would nonetheless hire a lawyer who can speak on your behalf. In addition, if your friend gets charged, he should have a lawyer look closely at the probable cause to search here.

WHAT WILL I GET FOR MY FIRST OFFENSE-BLUNTS AND A BONG?

Q. I was sitting in my back yard with 3 of my friends. I was passed marijuana blunt, when 5 cops came into yard. I was arrested. I am 18 years old, home schooled by an approved program. Also, a bong was on the ground. I was charged with that. All my friends were searched nothing else was found. Charges are use/possession of drug paraphernalia, intent to possess a controlled substance by prescription not regulated. This happened back in the beginning of October and I just received papers now for court. My plans are to go to job core in August of 2015.

A. You should talk to a criminal defense attorney and review all of the facts and determine if you have a defense as far as a violation of search and seizure. Assuming you have no criminal history, and if an attorney assesses that you have no defense, he or she may be able to obtain a result for you in which you are not convicted nor receive a record.

WILL I BE DRUG TESTED IN COURT?

Q: Will I have a drug test on my court date for a DUI of minor and paraphernalia? This is my first offense with the law. I am 20 years old, currently charged with DUI of .183 and paraphernalia of pipe and pill bottle “smelling of weed”. I will be hiring an attorney soon but I’m worried about if the drug test will be on the given court date or after I am granted ARD? Again I live in PA and I am a minor and they never found cannabis, just the scent in a bottle and the glass pipe.

A: Drug testing in court in Allegheny County can only be ordered by a Judge. It would be rare to have drug testing ordered at the Preliminary Hearing level. Some judges in the Court of Common Pleas of Allegheny County, Criminal Division, use drug testing regularly, for example, drug court or DUI court. However, among the other judges, there are only several that screen defendants randomly. They do this to people they believe have entered the courtroom under the influence and who are facing drug or alcohol related offenses. The judge may ask the person on the record if they have used drugs or consumed alcohol in the past 24 hours. The person takes a risk if they lie. The judge can order the person’s urine to be tested in the court house. The results are reported to the judge within minutes. If the judge chooses, the bond is revoked and the person is whisked away by a Deputy Sheriff to accommodations in the Allegheny County Jail. The judge may let the person sit in the jail as long as he or she wants. In these situations, an honest answer will provide a better chance of avoiding jail as lying to a judge is considered worse than being under the influence. I doubt if this will happen to you based on this being your first offense and you are probably looking at ARD. However, as a word of caution, do not come to court under the influence or even with clothing that smells like marijuana.

COPS FIND MARIJUANA IN BACK PACK, WHAT WILL HAPPEN?

Q: Me and some friends were caught smoking but after the fact so we were high but no evidence of weed. Then he pressures my other friend for consent to search the car and he did. But while doing that he went through my backpack found my visine and kept it. Then my other friend’s backpack was searched and the vial was discovered. I was free to go just without visine while my other friend was cuffed and drove to the station. What will my friend be charged with?

A: Your friend may have an illegal search issue and want to challenge the case. He would need to discuss the details and what is involved with a lawyer. As long as he is not charged with a felony possession with intent to deliver, he can probably receive a first time offender’s outcome, called Probation Without Verdict. If he accepts this, he is put on probation for a period of time, usually anywhere from 90 days to a year. If he doesn’t screw up in that period of probation, his arrest record will be expunged by the Commonwealth. There is also a chance for a withdrawal at the District Justice level if he completes a drug program, and if the DA and police are willing. An attorney can guide him through this.