almost off probation need help

[-JD-]

sorry for late reply i fell asleep doing homework (studying can be a pita)anyway the expungement was apart of the deal this is the only charge with one year section 17 probation when done with probation record automatically removed
$20.25 $0.00 $0.00 $0.00 $20.25
Section 17 Expungement Fee
(Montgomery)

Use/Poss Of Drug Paraph
M
35 § 780-113
Guilty Plea

is it mandatory for me to get an attorney just to file a return of property claim?? also my local precent has my firearm

I agree with Svickstc, the drug-specific charge and guilty plea are likely to jam you up. In this context I am not sure if expunged would mean "never happened." I really suggest you consult with an attorney who is very experienced with the intricacies of firearms law. An incorrect/mistaken answer on a transfer form could result in serious federal charges.

[terry12]

ok thank will do asap and i just noticed that it isn't even possession of marijuana it is possession of paraphernalia is there any real difference?

Int Poss Contr Subst By Per Not Reg
M
35 § 780-113
1 Nolle Prossed
Poss Of Marijuana
M
35 § 780-113
2 Nolle Prossed
Use/Poss Of Drug Paraph
M
35 § 780-113
3 Guilty Plea

[NRA Recruiter]

Im sure this kid understands the consequences . . .

Sure he knows now but he should have thought about that beforehand.

Too bad. So sad. Can't get a LTCF. Maybe try Arizona.

The silliness of the law or possible medical uses are irrelevant. You put yourself in the wrong place so now you have to deal with it.

I think that it is silly that we can't buy new full auto firearms but that doesn't change the fact that having an undocumented full auto AR-15 can disrupt your life and if you have one, I won't cry a river when you get busted.

If you can play some legal game to get around it, good for you. If you can't, I won't cry for you.

[terry12]

why are you still posting your nonsense on my thread if yo have nothing to say thats productive keep it moving no one cares for your ridiculous opinions

[MartinBrody]

why are you still posting your nonsense on my thread if yo have nothing to say thats productive keep it moving no one cares for your ridiculous opinions

Hey Terry, sorry I don't know either but if I was in your position I would wait until my probation was complete then contact the lawyer who made the deal and ask them to verify the expungement and the status of your firearm rights. If they aren't up on the gun stuff contact a lawyer who deals with that. When you verify the expungement and you are ok to have a gun then start formally contacting the department that has your gun, call and ask when you can pick it up, send a letter to the chief, then have your lawyer start to contact them if you don't get anywhere.
I think it sucks you may have to pay some more money for lawyers after you thought everything would be taken care of and your probation was complete, but that is just the way it is and since you still have questions and it may have lasting effects it might be money well spent.
Also have you checked on the PA webdockets to see if your case and status is listed? Google pa webdockets, click the link and go to e services (edit: it's docket sheets, not eservices) I think then magesterial district court, search, anyway if you see your case and a guilty disposition I def wouldn't try to buy or get back your gun. Would be neat to see if it is listed, then goes away after your probabtion is done.
Good luck.

http://ujsportal.pacourts.us/
It's docket sheets then magisterial district court. Unless it was in Philly, if so then use the philly courts instead of district court.

[terry12]

Thanks will do that was actually where I got the info I posted earlier

[knight0334]

ok thank will do asap and i just noticed that it isn't even possession of marijuana it is possession of paraphernalia is there any real difference?

Int Poss Contr Subst By Per Not Reg
M
35 § 780-113
1 Nolle Prossed
Poss Of Marijuana
M
35 § 780-113
2 Nolle Prossed
Use/Poss Of Drug Paraph
M
35 § 780-113
3 Guilty Plea

With the nolle prossed it looks like you got an ARD. That third line kinda worries me. I don't know if that is a separate charge from the first two or the plea for the first two.

There are also different punishments for different paragraphs of 35 § 780-113. Some would be prohibitive for possession/owning/touch a gun for life because the ungraded Misdemeanor has a possible sentence exceeding 2 years as pointed out in paragraph (B) and below. While other have penalties upto one year, which wouldn't prohibit you from owning/touching a gun. However, a conviction of any drug offense will prohibit you from getting/keeping a PA LTCF.

[knight0334]

what info would you like? ive never been arrested besides this time i was given a section 17 with terms stating that as long as i complete probation with no problems(dirty urine) it would automatically be expunged i have actually already paid a court fee for the expungent

You still need to know if the surrendering of the guns to the police was temporary holding while on probation or a permanent thing.

If a full expungement is part of the deal, once it is complete, and if the surrendering was temporary - you will probably have to petition the courts in your county. I've heard a lot of bad things about those south-eastern counties about getting the police to return firearms to owners.

[terry12]

Really I'd hate it if I couldn't get my gun back it was my first and it was brand new haven't even had the chance to take it to the range. would I be able to petition the court on my own or do I HAVE to get a lawyer?

[knight0334]

Really I'd hate it if I couldn't get my gun back it was my first and it was brand new haven't even had the chance to take it to the range. would I be able to petition the court on my own or do I HAVE to get a lawyer?

You can always represent yourself, that is your right. However a lawyer is more likely to get the paperwork done correct, where as you may not. ..not trying to slam you, just that there is an old saying - "He who represents himself has a fool for a client."

Hopefully one of the lawyers here or one of the more knowledgeable members will speak up on what forms you will need to file. ...what all is needed on the forms.