Misdemeanor or Felony?

[BWill]

What is the name of your state? Pennsylvania

Hey all...I just have a question...In the year 2000 I was arrested for possession of a controlled substance (cocaine) and I was wondering whether this is a misdemeanor or a felony...It was my first time ever being in trouble with the law, and if I recall correctly it was a misdeameanor, but I am hoping someone out there can put my mind at ease ASAP...Thanks in advance

 

[stephenk]

what was the result of the charges? that will indicate whether you were convicted of a felony or misdemeanor.

 

[BWill]

I received the ARD program, with a bunch of court related fines and stuff...I also was on non reporting probation for a period of 6 months...Does that help you at all?

 

[stephenk]

based on your post, it seems it was just a misdemeanor.

 

[calatty]

In CA, possession of cocaine is a felony. There is no misdemeanor possession of cocaine. The same might be true in PA.

 

[Mike101]

I know in New York, New Jresey, Virginia and North Carolina possession of cocaine is a felony. Since it is a schedule 2 controlled substance I would think it would be a felony in all 50 states.

 

[stephenk]

in california, the charge is a felony. but a first time offender who completes the diversion program (such as the poster) has the conviction reduced to a misdemeanor.

 

[calatty]

Actually, in CA it is not reduced to a misdemeanor, and can't be because a violation of Health and Safety Code is not a wobbler. It is dismissed (Pen. Code sections 1210.1, subd. (d), 1000.3.) But as it turns out, it looks like simple possession of cocaine is a misdemeanor in PA. (35 P.S. §§ 780-113(16), (37)(b); 18 Pa.C.S. § 106(b)(9); Comm. v. Delgado (1996) 544 Pa. 591, 594.