Baggy Was Not Paraphernalia – Charge Dismissed

Mifflin County Possession of Drug Paraphernalia Case

Client was driving home from work when he was stopped by the police for a minor traffic violation.  During the traffic stop, the police sought consent to search Client’s vehicle. Client consented. During the search, the police found a small baggy in the center console of the car.  The police believed that the baggy had once contained drugs, so they charged Client with Possession of Drug Paraphernalia under 35 P.S. 780-113(a)(32).

Hiring the Right Criminal Defense Attorney

Client’s original attorney reached a plea agreement with the Mifflin County District Attorney that would require Client to plead guilty to Possession of Drug Paraphernalia charge and be sentenced to one year of probation along with payment of fines and costs.  Client was adamant that the baggy had never contained drugs and therefore was not paraphernalia. Client’s attorney refused to fight the charge, so Client hired State College criminal defense attorney Jason S. Dunkle. Attorney Dunkle reviewed the lab reports for the baggy and found that no drug residue had been found in the baggy. The baggy had no been used to store drugs. Attorney Dunkle filed a pre-trial motion to dismiss the paraphernalia charge. At the hearing on the defense motion to dismiss, the prosecutor agreed to dismiss the paraphernalia charge.

Sadly, this case is an example that not all defense lawyers are the same.  As with many things in life, “you get what you pay for,” and experienced, reputable attorneys cost money.  The attorneys that charge low fees often do not spend time reviewing the files and trying to obtain the best resolution.  Instead, those attorneys accept the first plea agreement that is issued by the prosecutor.