first time offense - Simple Possession Philadelphia

[Guitarmonster]

What is the name of your state (only U.S. law)? Pensylvania - Philadelphia

A friend of mine was standing on a street corner in west Philly when a stranger asked him for a cigarette. He gave this person a cigarette and as a result a police officer searched him because he suspected that he was trying to purchase drugs. The officer found an empty baggie with crack/cocaine residue in it and arrested him. Although my friend knows what he did was wrong and has stopped using, he is worried about what the possible outcome may be. I'm not sure about federal crack laws and such. Also not too sure if the search was even justified since he was only giving the person a cigarette which I know is not illegal. The other person was found with multiple baggies of crack on him. He does not have a criminal history at this point so I recommended he just go for a public defender but i'm not sure if this is the best advice for him. Does anyone know what the mandatory sentences for this type of crime in Philadelphia county. He was charged with "simple possession" and was released without having to post bail. Also if anyone knows about the Accelerated Rehabilitative Disposition, or ARD program and if he would qualify for this program.

Any advice for him would be greatly appreciated.What is the name of your state (only U.S. law)?

 

[HighwayMan]

Also not too sure if the search was even justified since he was only giving the person a cigarette

It may not have appeared that way to an observer. Depending on how the police officer articulates what he saw, it could very well be considered perfectly legal. That would be something for an attorney to fight.

 

[Guitarmonster]

Basically his position is that he agrees with the charge and he is willing to pay the consequences. However he is afraid of what may happen due to the Federal crack cocaine sentencing laws. I have been searching the internet and cannot get specifics on these laws other than that they are very harsh. I don't know if these laws are only for distribution or possession or both. I don't know if there is a minimum amount (for instance, in possession of at least 5mg) for the law to apply. Basically he made a mistake and since then just being in lockup has scared him straight. He stopped cold (well, he didn't really use it that often, was just occasional), and he says he will never do it again. He is really hoping that he can qualify for the PA ARD (first time offender) program.

 

[Banned_Princess]

What is the name of your state (only U.S. law)? Pensylvania - Philadelphia

A friend of mine was standing on a street corner in west Philly when a stranger asked him for a cigarette. He gave this person a cigarette and as a result a police officer searched him because he suspected that he was trying to purchase drugs. The officer found an empty baggie with crack/cocaine residue in it and arrested him. Although my friend knows what he did was wrong and has stopped using, he is worried about what the possible outcome may be. I'm not sure about federal crack laws and such. Also not too sure if the search was even justified since he was only giving the person a cigarette which I know is not illegal. The other person was found with multiple baggies of crack on him. He does not have a criminal history at this point so I recommended he just go for a public defender but i'm not sure if this is the best advice for him. Does anyone know what the mandatory sentences for this type of crime in Philadelphia county. He was charged with "simple possession" and was released without having to post bail. Also if anyone knows about the Accelerated Rehabilitative Disposition, or ARD program and if he would qualify for this program.

Any advice for him would be greatly appreciated.What is the name of your state (only U.S. law)?

Stopped using because he went to jail for a minuit. I'm sure that wont last long.

Crack is serious, and you don't just stop using it really takes serious serious serious effort, all the time.

And it would be years before he can say he has in fact stopped using.

 

[Banned_Princess]

Basically his position is that he agrees with the charge and he is willing to pay the consequences. However he is afraid of what may happen due to the Federal crack cocaine sentencing laws. I have been searching the internet and cannot get specifics on these laws other than that they are very harsh. I don't know if these laws are only for distribution or possession or both. I don't know if there is a minimum amount (for instance, in possession of at least 5mg) for the law to apply. Basically he made a mistake and since then just being in lockup has scared him straight. He stopped cold (well, he didn't really use it that often, was just occasional), and he says he will never do it again. He is really hoping that he can qualify for the PA ARD (first time offender) program.

I'm sorry, but I don't believe that either. there is no " casual crack smoking" its just NOT the nature of the beast.

If this is his first offense he might be able to skate by with some sort of fine, and probation.

 

[Guitarmonster]

That's fine, he is completely open to any treatment programs and such. The main issue at hand is, is he going to go to jail. That is what he is worried about right now. He used crack maybe six or seven times. I agree that it is very addictive, and I myself have never touched the stuff. At the same time I do believe that addiction affects different people in different ways. Some people have addictive personalities, and will become addicted to any substance from the first use. I've seen others that have used cocaine for years and just stopped cold and never went back. If they want to put him in some treatment he has told me that he will gladly go, he will submit to random drug testing, he will do what he has to do. Although a night in jail does not scare your more hardened individuals, it does scare the total sh*t out of other people. This person has many close friends around him that are supporting him and we are doing all we can to make sure he stays clean. Sometimes having good supportive friends can be the best thing for someone. Anyhow the primary thing we are concerned with is, will he be given a mandatory sentencing for being in possession of residue. I honestly do not feel that sentencing someone from their first offense from a simple possession charge offers any kind of solution to the drug problem. In the area I live in, you actually get the best drugs in prison. On top of that, getting out of jail after a sentence and basically you have lost your home, lost your job, maybe even lost your family, just causes depression which ultimately usually leads to more drug use.

I just want to see if someone can clarify the law for me to see if he can go through treatment, pay fines, go on probation, etc, instead of being thrown in jail for a first offense.

 

[Banned_Princess]

I doubt he will be thrown in jail for his first offense of possessing residue.

Really the only thing to do is obtain a lawyer, and see what happens.

Good luck to your friend.

 

[Guitarmonster]

I hope not, it's just that this scares me:

STATUTE
(a) Unlawful acts; penalties
".... Notwithstanding the preceding sentence, a person convicted under this subsection for the possession of a mixture or substance which contains cocaine base shall be imprisoned not less than 5 years and not more than 20 years, and fined a minimum of $1,000, if the conviction is a first conviction under this subsection and the amount of the mixture or substance exceeds 5 grams, if the conviction is after a prior conviction for the possession of such a mixture or substance under this subsection becomes final and the amount of the mixture or substance exceeds 3 grams, or if the conviction is after 2 or more prior convictions for the possession of such a mixture or substance under this subsection become final and the amount of the mixture or substance exceeds 1 gram."

So I don't know if "possession of a mixture or substance which contains cocaine base shall be imprisoned not less that 5 years", means that it would apply to him. I don't think the above statute applies to him but i'm not clear, i'm not a lawyer. Based on me reading it, I think it is saying that it doesn't apply to him, but it is very unclear. It's funny how some statutes are unclear, then you get lawyers or prosecutors cutting and shuffling them to obtain their objective. That's why in this country it's all about how good your lawyer is, like O.J. If anyone understands the above statute better please fill me in.

 

[Banned_Princess]

Basically the whole punishment will rest on the conviction, and the conviction depends on how good the prosecutions case is, and how bad they want the conviction. I doubt the prosecution is out to ruin lives of regularly law abiding, tax paying citizens over residue on a first offense.

I have to say, not being in PA, but being mostly familiar with NY strategies, with the amount he was caught with -the residue, and the reason he was searched, his chances of pleasing guilty to a lesser charge, paying fines and doing some probation is higher then him going to jail 5 years.

But again. all you can do is secure council, (or if not the legal aid will suffice) and wait. Maybe sweating it out will help with his recovery.

 

[Guitarmonster]

So is this:

"if the conviction is a first conviction under this subsection and the amount of the mixture or substance exceeds 5 grams, if the conviction is after a prior conviction for the possession of such a mixture or substance under this subsection becomes final and the amount of the mixture or substance exceeds 3 grams, or if the conviction is after 2 or more prior convictions for the possession of such a mixture or substance under this subsection become final and the amount of the mixture or substance exceeds 1 gram."

saying that the mandatory sentences don't apply to him because this is his first offense and it does not exceed 5 grams? That is what I am trying to figure out at this point. The reason why I want to figure this out is I have read that due to these mandatory sentencing laws, there are cases where a judge are literally forced to impose mandatory sentences, regardless of the case specifics. If this statute doesn't apply to him then i'm pretty confident that he could probably get under the PA ARD program for first time offenders. I would think that they would put him into the first time offender program since there is a very good chance that he would be rehabilitated, he has a full time career, his own apartment, pays his own bills, he's not even on welfare or any public assistance.

 

[Banned_Princess]

So is this:

"if the conviction is a first conviction under this subsection and the amount of the mixture or substance exceeds 5 grams, if the conviction is after a prior conviction for the possession of such a mixture or substance under this subsection becomes final and the amount of the mixture or substance exceeds 3 grams, or if the conviction is after 2 or more prior convictions for the possession of such a mixture or substance under this subsection become final and the amount of the mixture or substance exceeds 1 gram."

saying that the mandatory sentences don't apply to him because this is his first offense and it does not exceed 5 grams? That is what I am trying to figure out at this point. The reason why I want to figure this out is I have read that due to these mandatory sentencing laws, there are cases where a judge are literally forced to impose mandatory sentences, regardless of the case specifics. If this statute doesn't apply to him then i'm pretty confident that he could probably get under the PA ARD program for first time offenders. I would think that they would put him into the first time offender program since there is a very good chance that he would be rehabilitated, he has a full time career, his own apartment, pays his own bills, he's not even on welfare or any public assistance.

Listen. when you read "offense" please think "conviction" (actually it sais conviction)

if he is CONVICTED there is a mandatory sentence.

if he is CONVICTED of something else, then the punishment will be different.

Why don't you find out what the DA is going to do before knocking yourself out further over this.