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Advice needed, PA mj posession / underage

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kylekyle

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

I am kyle. I am 19 years old, currently enrolled in a Penn state university satellite campus (berks).

On August 28th, I was put on unsupervised probation, I chose Probation before Judgement, for posession of drug paraphernelia (baggy) in Maryland. (maximum $500 fine)

As sick as it makes me to say this, the next weekend my bad habits prevailed in getting me into trouble again. So here we go . . .

My friend, lets call him Jim, was driving. Another friend, Jon, was in the passenger seat, with me in the back seat alone. Jim parked out front of a local strip mall in a fire lane while Jon went inside a store. While me and the driver were waiting for our friend to return, some dumb kid that knew the driver pulled up next to us in a ridiculous fashion, alarming a nearby police cruiser. He came up to the dumb kid, giving him hell, who did not have a license. He asked Jim for his license/insurance/registration which he gave to him and everything was valid. He then decided to stick his head in the car and look at me still in the back seat. I responded with a what and he proceeded to yell to both of us that if we didn't tell him where the dope was he was going to "eff us so hard in the end." Jim proceeded to give the cop all the dope he had, while I on the other hand forget that I had a small bag (I estimate 1 gram tops) in my pocket.

Other cops show up on the scene, one proceeds to come to the window at which i was sitting while the first cop talks to Jim. The cop that approaches me asks if i have anything, I say no. He asks me to get out and my dumb a$$ realizes that I have a bag in my pocket, man does that stuff make you stupid. I apologize and say that I do have something in my pocket. I am standing on the curb for a good 20 minutes while the prosecuting cop is still talking to Jim. A pipe was found under Johns seat and the cops now want to look for him. Jim replies by stating that they don't need to do that because everything in the car was his. This whole time I'm standing on the curb awaiting my talk with Mr. Cop when they tell us to get in the car and we can leave. The cop told Jim that he would be charged with possession of mj, but never said anything to me. They did take my ID and write down information...

Some hours later the same night, with the same group of ex-friends, we get pulled over and I get arrested and given an underage.

Before posting, please refrain from pointing out how stupid I am. Please, I don't need anymore negative criticism. I used to think life was about drinking, smoking, partying, sleeping with different girls every night, however I recently realized that I am wrong and changed my way of life. I am sober and have rid myself of my past demons and I can almost fall asleep at night without a mind full of a guilty past.
(note that the possession of marijuana[max fine 30 days in jail and/or $500] and underage drinking[mandatory 90 day DL suspension) were in PA)

Questions: Will MD find out about these 2 charges and take me off PBJ?
What kind of penalty am I looking at? JAIL TIME???!!! Is it possible for me to keep my record clean??? (have been talking to a lawyer, have not hired him, he says I can apply for ARD, but district attorney may deny due to PBJ) Will having an attorney help my chances of receiving ARD.

My lawyer is making this sound like no big deal. I am scared $hitless. I don't have a lot of trust in attorneys. I need advice. Help.
 


kylekyle

Junior Member
another question: I know this is an extreeeeeeeeeeeeme longshot, but is there anyway the posession could be dropped?
 

FlyingRon

Senior Member
It is quite possible MD will hear about it. I suspect you are even required by your probation terms to TELL them about any arrests. Of course I suspect highly that you probation conditions also say you weren't supposed to be doing illegal drugs and maryland has wimpy enforcement that doesn't include drug tests. Yes they very well can reinstate the PBJed charges. Whether they will is very much at the discretion of your PO. Things go generally better for you if you comply with the rules even if it means reporting a transgression rather than them being blindsided by it later on.

Listen to your lawyer. ARD is at the discretion of the prosecutor for all intents and purposes. Berks isn't the best place to break the law. The DA is a real son of a bitch.
 

kylekyle

Junior Member
I don't have a PO. I don't have to EVER call ANYONE or show up ANYWHERE. Hell, I wouldn't even know who to contact in MD about this besides my lawyer. The only thing I was supposd to do is stay out of trouble. Lol, couldn't of screwed up anymore. I am also aware that I can truthfully answer no if asked if I've ever been convicted of a crime or arrested due to the PBJ being "struck guilty"? (not sure if thats correct terminology, but this statement is confirmed from my lawyer, so I guess I never have to admit this to the PA judge?)
 
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HomeGuru

Senior Member
I don't have a PO. I don't have to EVER call ANYONE or show up ANYWHERE. Hell, I wouldn't even know who to contact in MD about this besides my lawyer. And yes, unfortunately, berks' DA is a confirmed prick.
**A: I think you have a lot of growing up to do.
 

kylekyle

Junior Member
I'm sorry, I don't know why it was necessary to say that HomeGuru. Thanks for the constructive criticism. I'm sure you've never made any mistakes in your life.
 

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