COPS FIND MARIJUANA IN BACK PACK, WHAT WILL HAPPEN?

Q: Me and some friends were caught smoking but after the fact so we were high but no evidence of weed. Then he pressures my other friend for consent to search the car and he did. But while doing that he went through my backpack found my visine and kept it. Then my other friend’s backpack was searched and the vial was discovered. I was free to go just without visine while my other friend was cuffed and drove to the station. What will my friend be charged with?

A: Your friend may have an illegal search issue and want to challenge the case. He would need to discuss the details and what is involved with a lawyer. As long as he is not charged with a felony possession with intent to deliver, he can probably receive a first time offender’s outcome, called Probation Without Verdict. If he accepts this, he is put on probation for a period of time, usually anywhere from 90 days to a year. If he doesn’t screw up in that period of probation, his arrest record will be expunged by the Commonwealth. There is also a chance for a withdrawal at the District Justice level if he completes a drug program, and if the DA and police are willing. An attorney can guide him through this.