Com. v. M.M. - Poss. Controlled Substance

Commonwealth v. M.M.

Drug Charges

 

Defendant was charged with violating:

35§780-113§§A16 – Int. Poss. Controlled Substance By Person Not Reg. -Misdemeanor

At the Preliminary Hearing in Pittsburgh Municipal Court, Attorney Paletta worked with the District Attorney to allow Defendant admittance into E.D.P. Court. 

 

Defendant was admitted into E.D.P. Court and given an offer of 6 months Probation Without Verdict. 

 

After successfully completing the probation period, Defendant’s case will be Expunged.

Com v. DM (Preliminary Hearing) Drug Charges

Commonwealth v. D.M. (Preliminary Hearing)

Charge/Violation:      35 §780-113 §§A16- Prohibited Acts - Possession ofControlled                                                                                          Substance(Heroin) - (Misdemeanor)

                                    35 §780-113 §§A32- Prohibited Acts - (Misdemeanor)

                                                75 §1332 §§B3 - Display Registration Plate - Obscuring Plate -                                                                                                 (Summary)

                                    75 §4107 §§A1 - Unlawful Activities - Violation of Vehicle Equipment                                                                                  Standard - (Summary)

 

Case Summary:  Defendant, a student at WVU, was charged with numerous crimes including Possession of Heroin - a Misdemeanor offense. 

Disposition:  At the Preliminary Hearing in Pittsburgh Municipal Court, Attorney Paletta worked out an agreement with the District Attorney and the Officer.  Defendant was given the option to take the -  Early Disposition Plea (EDP) program to receive six months Probation Without Verdict (PWV) for the Possession charge.  All other charges, were Withdrawn.

After the completion of this program, Defendant's record will be automatically Expunged.

Commonwealth v. A.N. (Drug Charges)

9/18/2012

Commonwealth v. A.N.

(Trial/Motion to Suppress)

Charge/Violation:   

 

                        1 count - Criminal Use of Communication Facility - Felony 3

                        2 counts –Possession with Intent to Deliver Controlled Substance–                                                2 Felony charges

                                    1 count – Possession of a Controlled Substance - Misdemeanor

                                    1 count - Criminal Conspiracy - Felony

Case Facts:  With the use of a Confidential Informant, Police allege that Defendant possessed with the intent to deliver, and in fact delivered, controlled substances (approximately 90 "OXYCODONE" pills)  to a Police Officer.  If convicted, Defendant would face a mandatory "jail-time" sentence.   

Verdict:  Attorney Paletta filed numerous Omnibus Pretrial Motions including a Motion to Suppress, alleging that the arrest of Defendant was unlawful and any evidence seized (controlled substances) or statements made by Defendant as a result, be suppressed.  Attorney Paletta also filed a Motion to Disclose Identity of Confidential Informant and Compel Appearance, requesting that the Commonwealth disclose the identity of the Confidential Informant and failure to do so would violate Defendant's constitutional right to confront witnesses against him.

The Commonwealth agreed to work out a plea bargain with Attorney Paletta for Defendant to plead guilty to certain charges that would only carry a sentence of 5 years probation and NO JAIL TIME .  In exchange for the guilty plea, ALL OTHER CHARGES AGAINST DEFENDANT WERE WITHDRAWN.