Question

  07/11/13, 9:09 am
my son who is 17 was at a party back in may . no parents were there . the cops said they got a call earlier in the day tipping them off to this party. the cops showed up later that night and were peeking in windows before knocking. someone opened door and in came the cops . there was alchohol there and some kids were given breath alyzer test and parents were called to pick up drinkers. some kids ran out the door and got away. my son was cornered and questioned about where the marijuana was. he told them he didnt know and to step back as he felt threaetened by them yelling in his face. they eventually drove my son home being that he couldnt get a hold of me to pick him up. my son wasnt drinking and was never given a breath alyzer . later that night the parents whos house this party was found a backpack containg some maryjuauana and paraphanalia . they then delivered it to cops office. then the cop started calling kids that were at party and questioning them . some parents told cops not allowed to call their kids. he left messages for my son to call him and myself. just yesterday he called my son and said he is going to charge him with drug possesion and possesion of paraphanalia. the funny thing is that the backpack isnt my sons ...and the cops didnt find it on night of bust . it was brought to them by parents of son who had party. dont see how one kid can get charged for this when there was a houseful of them. .
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United States   |   Pennsylvania  |  Criminal Law
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Answer

Jason Dunkle Says:

Jul 11,2013 11:22 AM

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.

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Jason Dunkle
JD Law, P.C.
204 East Calder Way, Suite 306,State College, PA 16801
814-954-9622
http://www.mystatecollegelawyer.com

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