Commonwealth v. A.S. (Possession - Misdemeanor)

by Joseph Alexander Paletta on Jan. 31, 2017

Criminal Misdemeanor 

Summary: Client was charged with: 35 780-113(A)(16) -2 counts of Prohibited Acts - Possession - Misdemeanors 35 780-113(A)(31) -1 count - Prohibited Acts - Misdemeanor 35 780-113(A)(32) -1 count Prohibited Acts - Misdemeanor

Facts of case according to the Criminal Complaint & Affidavit of Probable Cause:

An undercover plain clothes Detective was operating an unmarked police vehicle when he noticed an occupied vehicle sitting behind a gas station for over ten minutes.  When the vehicle pulled out, the Detective followed the vehicle until it pulled into a business and parked.  The Detective approached the passenger side window of the vehicle and noticed an open alcoholic beverage in the cup holder and a metal Marijuana smoking pipe on the front seat.  Detective then identified himself to driver/Client and placed him under arrest.  A bag located on the front seat contained a pill bottle which had several “Roaches” and loose suspected Marijuana.  Another bag was on the back seat, which contained a pill bottle having a small zip lock bag with a foil wrapped suspected LSD blotter(s), in addition to another plastic bag containing suspected Cocaine.  

Client came to Attorney Paletta for representation on this case.  Attorney Paletta & Client strategized a plan that involved Client achieving certain goals & accomplishments before his Preliminary Hearing to lessen the chances of jail time & reduce the risk of Felony Charges being added.  At the Preliminary Hearing before District Judge Blaschak, Attorney Paletta worked together with the Detective & the District Attorney to attempt to resolve this case in the best way possible for Client.  After discussing this with the Detective & District Attorney, Attorney Paletta felt that it would be best to ask for a continuance, which was Granted.  On the date of the following Preliminary Hearing, Attorney Paletta & Client achieved the following disposition:

WITHDRAWN 35 780-113(A)(16) -2 counts Prohibited Acts-Possession - Misdemeanors
WITHDRAWN 35 780-113(A)(31) -1 count - Prohibited Acts - Misdemeanor
WITHDRAWN 35 780-113(A)(32) -1 count Prohibited Acts - Misdemeanor

In exchange for ALL ORIGINAL CHARGES BEING WITHDRAWN, Client plead guilty to a SUMMARY DISORDERLY CONDUCT, which was moved to lower/Non-Traffic Court.

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