Probation Violation - Marijuana Offense

What is the name of your state?What is the name of your state? Pennsylvania

My brother was drinking with a friend sometime last year ?August 2003. His friend dropped him off at his apartment - He was NOT driving. His friend then left. My brother was not able to find his keys and was yelling loudly for his girlfriend to open the door. Neighbors called the police. The police came and took him to the station for disorderly conduct. While at police station, they found a pot pipe on his person. He was arrested. Police called me and I picked him up and took him home.

All was well for many months. He was placed on probation and ordered community service. He went to his probation appointments as ordered. His probation was due to be completed Nov 2004. At his last probation appointment (Tuesday, Aug 24th), his probation officer told him that a random urine test showed traces of POT. They then went to his apartment and searched. They found a pot pipe. He also had a gun at the house. According to the probation officer, he is allowed to have the gun as he has permit, but it was suppose to be locked up.

The probation officer immediately took him to jail. He was not allowed to make any phone calls for 48 hours. Therefore, he was not able to call his family, work, etc. He now has lost his job due to the fact that he missed work and did not call off. His car sat in front of the probation office for 48 hours and racked up $35.00 worth of parking tickets. Apparently his probation officer came in to the jail yesterday, she said that he will meet with the judge on October 7th. He must stay in jail until this date. I am wondering if this is normal procedure. Do they usually take you directly to jail? Are you really not allowed any phone calls for 48 hours? Is there anyway I can get him out of jail before this so that he can work. He has a daughter to support.

[Bravo8]

A couple of points.

Possession of drug paraphernalia is not a disqualifying offense under the Uniform Firearms Act, and neither is DC. So he is lawfully able to possess the firearm. Whether he has a permit or not is immaterial, as a permit is only for the carrying of a concealed weapon outside his own property or place of business.

Further, there is no law requiring the securing of a firearm or requiring a certain method of "locking it up".

It is common for Probation Officers to search a probationers home after "pissing hot", as it often called.

Generally, the probationer does go right to jail and must sit until he or she can have a hearing.

There is no right to the use of a telephone, and that is generally left up to the rules and regulations of the jail or correctional facility where he is housed.

Unfortunately there is nothing you can do to get him out of jail earlier than his hearing date.

I would, however, take issue with the parking tickets if I was him. He was incarcerated and unable to provide for the removal of his car (since he could not move it himself nor could he call someone to move it). Then again, the parking tickets are the least of his worries at this point.

Thanks for the info Bravo8. In your experience, what is the typical sentence for this violation? He will have spent 45 days in jail until his hearing date. Do you think he will go back to jail after the hearing or do you think they will use time already served?

[Bravo8]

I can't really speculate as tho whether they will credit him for time served or not. Judges are all different, and I don't know his history either (previous violations aren't going to help him get a light sentence).