Legal Question in Criminal Law in Delaware

Conspiracy & tresspassing

My 17 yr old was w/friends on Halloween. They asked him to hold a can of shaving cream. He put in in pocket, they walked past school. All during this, a police office was texting one of the friends and they swooped in to arrest the teens for conspiracy to commit criminal mischief. Also charged my son w/trespassing because they were stopped on the sidewalk in front of the school. The teens all said they planned to having shaving cream war - spraying each other. I witnessed such an act a few streets away approx 1 hr before the arrest so the boys may be telling truth. Arrest was early - approx 730-8pm so police were out everywhere in force (small town, lots of trick or treating). Can they get him for tresspass if no signs were posted? Can they get him on the conspiracy charge even though the definition of mischief is ''crime against real property''? I witnessed the exact thing they claimed (shaving cream sprayed on each other) - isn't that enough for reasonable doubt? I think the cop texted ''we're going to tear this city up'' and the stupid teen replied ''yeah''. That is what they base this on mostly. Flyer went around the school supposedly only said ''shaving cream war''. help! I'm taking it to trial in family court.


Asked on 1/02/09, 11:53 am

1 Answer from Attorneys
Edward Pankowski Edward Pankowski, Jr. Esq

Re: Conspiracy & tresspassing

i have been doing criminal defense work for 30 years and I doubt any Deputy Attorney in Delaware would take this case to trial in Court. Your sons' version is more reasonable than cops' and should eventually be dropped. Our firm can represent him if you wish, so please call us. Ed Pankowski

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Answered on 1/08/09, 12:34 pm


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