Commonwealth v. M.B. - (Preliminary Hearing - Possession)

Commonwealth v. M.B. (Preliminary Hearing)

Charge/Violation: 35 § 780-113 §§A16 - Int Poss Contr Subst By Per Not Reg - (Misdemeanor)

                                                               

Case Summary:

            Pittsburgh Police charged Defendant with Possession of a Controlled Substance.  In fear of losing his job and causing problems in his career, Defendant contacted Attorney Paletta for representation at the Preliminary Hearing of this case.

Disposition:  

        At the Preliminary Hearing in Pittsburgh Municipal Court, an agreement was made - that required Defendant to complete 25 hours of Community Service;  upon successful completion of all requirements, the charges would be Withdrawn.

        The Preliminary Hearing was continued and a Status Conference was to follow in 90 days. At the next Preliminary Hearing/Status Conference, Attorney Paletta presented proof to the District Judge and the Assistant District Attorney that Defendant had successfully completed the 25 hours of Community Service.  The Assistant District Attorney completed and submitted a full Withdrawal form to District Judge Ricciardi.

        THE CASE AGAINST DEFENDANT WAS WITHDRAWN and now eligible for an Expungement.

Traffic Stops resulting in Narcotics Prosecutions

"LAWRENCEVILLE TRAFFIC STOP LEADS TO MAJOR DRUG BUST"

This news headline is a common scenario today and always leads to a narcotics prosecution.  Traffic stops are a useful tool for law enforcement in their effort to discover illegal drugs such as Marijuana, Cocaine, Heroin, and drug paraphernalia used to ingest those controlled substances.  Therefore, when a traffic stop occurs, be aware that police will most likely make every effort to either find a reason to search your vehicle(Probable Cause), or to obtain consent to search your vehicle when no Probable Cause exists.

If you are stopped for a valid legal reason, such as speeding or making an illegal turn, Police have the authority and the duty to issue a citation for that Pennsylvania Vehicle Code violation.  However, after the citation is issued, Police will often attempt to expand the stop into a search of the passenger compartment and/or trunk of the vehicle for the purpose of searching for drugs.  For this, Police will need either independent Probable Cause, or consent of the owner or driver of the vehicle.  Know that you have a right to answer “No” to a law enforcement request for consent to search.  Think about it: if Police had the Probable Cause required to search your vehicle, they would not need your consent to do so.