Based upon your submission, it sounds as if the police are intending to charge your son with Possession of a Small Amount of Marijuana, 35 P.S. 780-113(a)(31), and Possession of Drug Paraphernalia, 35 P.S. 780-113(a)(32), both of which are ungraded misdemeanors. Obviously, both charges allege that your son "possessed" the illegal items. I completely agree that it doesn't make sense because your son was not caught "red handed" with the drugs, meaning in his hands, many kids were at the party, the drugs were found in someone else's backpack...... The problem is that there are probably alleged facts of which you are not aware yet. For example, the police may have submitted the marijuana and pipe for fingerprint analysis, and, if your son's prints were on the items, then the police would have circumstantial evidence of possession. Honestly, I doubt that the police took fingerprints. Instead, the police probably talked to other kids at the party, and those kids are throwing your son under the bus and blaming the marijuana on him. If so, this would be a classic he said versus he said. The police can take the word of other people and charge your son, and I suspect that is what is happening. While the police can file charges based upon the statements of another person, and your son could be convicted based upon the testimony of another person, such a case is generally a weak case. I HIGHLY recommend that you and your son do NOT talk to the police. Talk to a criminal defense lawyer in your area and get representation. Let the lawyer do the talking for you. Anything that your son says can and will be used against him. The criminal system is not fair, and do not think that it is. Get someone to protect your son's rights.
The responses provided on this site are intended for informational purposes only and should not be construed as providing legal advice regarding an individual situation. No attorney-client relationship is created between the reader and JD Law, P.C.