Possession Charge Dismissed and Expunged
The client and three other Penn State students were on the University Park Campus near some trees in an area known for marijuana use. Two Penn State police officers approached the group of Penn State students and ordered them to walk away from the trees and towards the police. The client fled from the officers. The police radioed for backup, and the client was ultimately tackled and arrested by multiple Penn State Police Officers. The client was searched incident to arrest, and the police found marijuana. The client was charged with Possession of Small Amount of Marijuana in Centre County.
Experienced State College drug defense attorney Jason S. Dunkle represented the client and filed a pre-trial motion seeking suppression of evidence in the Centre County Court of Common Pleas. The drug defense lawyer argued that the client was lawfully allowed to flee and that flight alone did not give the Penn State officers probable cause to arrest the client. Prior to the commencement of the hearing on the drug defense lawyer's suppression motion, the Centre County District Attorney agreed to dismiss the misdemeanor charge of marijuana possession if the client pleaded guilty to summary violations of Disorderly Conduct and Criminal Trespass. The client accepted the Centre County District Attorney's offer, and the misdemeanor marijuana possession charge was dismissed. The State College drug defense lawyer then filed an expungement petition to have the dismissed charges in Centre County expunged from the client's criminal record.