Legal Question in Appeals and Writs in Pennsylvania

Would this case be considered an abuse of discretion?
I was arrested the other night and never read my rights. I didn't hear what I was being charged with until I was standing in front of the judge 3 hours later, the arresting officer was not present. Actually, one officer first pinned me to the ground while 4 or 5 other officers then helped drag me into the middle of the street to force me down and handcuff me.

I now have pictures that show it and also that I never had an open container, as I was holding onto a wagon with both hands that was rolling down a hill. I was charged with disorderly conduct, obstructing a highway, and having an open container.

I did not know how I was obstructing a highway that had already been blocked off by barricades and police cars. And I definitely did not have an open container when I was arrested.

I plead not guilty and was removed from the court room and placed in a cell and told that if I plead not guilty I would be in jail up to 3 days waiting for another trial.

I then plead guilty and was given a $300 fine for each charge and 100 hours of community service.

Asked on 6/12/07, 3:47 pm

Mark Johns Mark Johns, Esquire

0 users found helpful

0 attorneys agreed

Re: Would this case be considered an abuse of discretion?

These are all summary offenses so you have the right to an appeal at Common Pleas Court. You should consult an attorney.

Answered on 6/12/07, 7:54 pm

Keywords

Match Any Match All

Country

State

Area of Law