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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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My son was pulled over in pa and the officer smelled

Customer Question

My son was pulled over in pa and the officer smelled marijuana and my son admitted that he smoked recently. The officer patted down and found parafanalia and a small amount of marijuana on him. The officer then searched the car and found nothing else. He released my son and he drove home. The pipe was cool. My son is now being summoned to court for a hearing. This is his first offense and he is 25 years old .. What is the likely outcome
Submitted: 1 year ago.
Category: Criminal Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I look forward to assisting you.

Just to make sure I don't give you information you don't need, can you tell me what he was charged with? Was it possession of paraphernalia and possession of marijuana both?

Expert:  RobertJDFL replied 1 year ago.
I'm going to go on the assumption he was charged with both offenses - feel free to let me know if this isn't correct. Possession of under 30g of marijuana is a very minor offense in Pennsylvania, punishable by a maximum of 30 days in jail and/or a fine up to $500. Possession of drug paraphernalia, on the other hand, carries a maximum penalty of up to a year in jail, and/or up to a $2,500 fine.
As a first time offender, if convicted, I do not see him getting jail time. Indeed, Section 17 of The Controlled Substance, Drug, Device and Cosmetic Act allows for certain first-time offenders of nonviolent drug possession offenses in PA to undergo a period of probation and have their charges legally dismissed.
A person must be accepted into the Section 17 probation program based on certain criteria. Once that program is successfully completed (and probation can include things like random drug testing, drug counseling, community service, etc), then your son can file a petition with the court to have his record expunged (erased). This would include court dockets, fingerprints, photographs, etc. This would mean your son could deny the existence of any type of record for things like job applications, apartment leases, etc.
Should you need additional information or clarification, please REPLY and I'll be happy to assist you further. Otherwise, an ACCEPT for my time is greatly appreciated. Thank you.