02/11/13, 4:04 pm
My son is 18 never in trouble till one night he got arrested for less then 10 grams of pot , scale and a pipe the police told me its a felony is he looking at jail time? If so how long we live in pa.
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United States   |   Pennsylvania  |  Criminal Law
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Jason Dunkle Says:

Feb 11,2013 5:30 PM

In Pennsylvania, a felony charge is filed if the police claim that a person delivered, possessed with the intent to deliver, or manufactured a drug. Manufacturing of marijuana generally means growing marijuana, which isn't the case. Therefore, in order to be a felony charge, the police must be claiming that he either delivered or possessed with intent to deliver. If they claim that he delivered, what is the proof? Did he allegedly deliver to an undercover cop? A confidential informant? Simply stated, what is the evidence? If they are charging him with Possession With Intent to Deliver, then they would need to have evidence that he intended to deliver as opposed to smoke the weed himself. If he only has 10 grams of pot and a pipe to smoke it, he would have a very good case that he should be charged with misdemeanor possession instead of felony possession with intent to deliver. There is too much information that is simply missing. You should contact a local criminal defense lawyer in your area to have them review the case and give you advice. Many criminal defense lawyers offer free consultations, so call one ASAP.

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Jason Dunkle
JD Law, P.C.
204 East Calder Way, Suite 306,State College, PA 16801

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