My sister is alleged to have sold drugs to a confidential informant. However, on one piece of police paperwork it says she sold to the cop and on another piece of paper it says that she sold to the confidential informant. The substance was powder cocaine, it weighed 3.2 grams. The case happened in Pennsylvania. Can she beat the case because of the typo? What is she looking at? Any tricks?
She is looking at 1-2 years mandatory minimum time, upstate, regardless of the sentencing guidelines. However, in PA there is a program called IPP for which she seems eligible based on what you wrote. IPP would not include any jail time. Ask her lawyer about IPP in Berks (or whatever county, some places its called IP).
Remember, possession with the intent to deliver is when you posses narcotics and give them to someone else. (pwid=posession with the intent to deliver). IPP or IP stands for intermediate punishment program or just intermediate punishment.
The only possible trick would be for a Carole Hearing which is a way that we can reduce the number of grams below 2, which is what takes this case from probation to a mandatory. However, in your fact pattern, a Carole Hearing would not work at all in my opinion. Various reasons.
Labels: carol hearing, carole hearing, cocaine, intermediate punishment, posession with the intent to deliver, powder cocaine, pwid