Marijuana possession & paraphernalia charges at time was on probation but not anymore
Hello I have a question that I'm hoping someone can give me an idea of what I can or should do and what my prognosis of sentencing will be.
3-8-11 My boyfriend and I were pulled over for a tail light being out. He was driving I was passenger. Upon being told why we were pulled over the cop smelled burnt marijuana and asked my boyfriend to step out of the vehicle. My boyfriend admitted to smoking earlier in night and then the cop asked him for permission to search the vehicle. Prior to searching the car I voluntarily handed over a bowl and small baggie of marijuana (one small bud) which my boyfriend had thrown behind his seat (it wasn't on my person). While searching the vehicle the cop found a scale and empty baggie with marijuana residue in the back of one of the seats. At the time all of this occurred I was on probation. Now 3 months later I received letters in the mail that I am being charged with possession of small amt of marijuana and possession/intent to use paraphernalia. But I am no longer on probation, it ended about a month ago. This Friday I go in for my "pre"- preliminary hearing . Like I said I am no longer on probation and my fines are all paid in full (which was for a 1st offense DUI) but am wondering if there is anyway they can charge me for a probation violation because at the time of the arrest I was on probation... I'm very worried. I am in the stat of PA, and in my letters from the court house they gave me a letter about applying for ARD which I was already on once for my DUI and never finished. Do you think I might get ARD again for this charge if I do apply? Please in your opinion what do you think I'm looking at here?
