Wednesday, December 7, 2016

Commonwealth v. M.G. - (Preliminary Hearing - Drug Charges)

Commonwealth v. M.G. (Drug Charges - Preliminary Hearing)

Charge/Violation:      35 § 780-113 §§A16 - Prohibited Acts - Possession - (Misdemeanor)
                                35 § 780-113 §§A31 - Prohibited Acts - (Misdemeanor)
                                35 § 780-113 §§A32 - Prohibited Acts - (Misdemeanor)
Case Summary:
            Pittsburgh Police were called to Radio Shack to investigate a report made by an unidentified customer claiming that a man in a black shirt and green pants was stealing things. Upon their arrival, Officers asked the man (Client) to come to the front of the store to speak with them (the man was pointed out to Officers  by the store clerk). During interaction with the Officers, Client stated that he didn't take anything and put his arms up as gesture for them to look.

        Officers search the Client and find a small amount of marijuana in the left front pocket.  Officers also find a yellow unmarked pill bottle containing 18 pills of Alprazolam and a small black metal marijuana pipe. Client explained that he did in fact have a valid Rx for the pills but didn't have a copy of the Rx with him. Officers contacted poison control who verified that the pills inside the bottle were in fact Alprazolam. Officers found no stolen items on suspect's person.  Suspect was informed that he would receive a summons due to the small amount of marijuana, pipe and pills.
        Client retained Attorney Paletta for representation at his Preliminary Hearing in Pittsburgh Municipal Court. Attorney Paletta requested that Client provide a copy of the Rx prior to the Preliminary Hearing, and suggested that he begin some community service as a part of their defense strategy.

        At the Preliminary Hearing in Pittsburgh Municipal Court, an agreement was made that required Defendant to complete 20 hours of Community Service;  upon successful completion the charges would be Withdrawn.  The Judge then agreed to continue the Preliminary Hearing and follow up with a Status Conference in 30 days, at which time Attorney Paletta presented proof to the District Judge and to the Assistant District Attorney that Defendant had successfully completed the 20 hours of Community Service. The Assistant District Attorney agreed to a full Withdrawal of the case and the District Judge consented.

        THE CASE AGAINST DEFENDANT WAS WITHDRAWN and is now eligible for an Expungement.