Legal Question in Criminal Law in Pennsylvania

Marijiuana and guilty by association

I was at a friends backyard smoking in his tree house. when i was ready to leave i began to walk to my friends car. A cop was waiting at his car so we turned around n walked back to the treehouse. The cop followed us back and asked for our ids. He then searched me and all my friends because he claimed he got a complaint from a neighbor. None of us had any weed on us but one kid. The cop then searched the treehouse and found another bag. The kid claimed both bags were his. The cop then searched my car and my friends car. He found nothing. Why did i get a disorderly conduct if nothing was found and the kid owned up to both bags?


Asked on 10/05/07, 4:51 pm

4 Answers from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Marijiuana and guilty by association

Mr. Sughrue's answer is completely correct. The facts you describe do not make out a disorderly conduct charge. The citation for DC is a summary offense, and will carry a fine. You can fight it, but the cost of an attorney will likely be more than the cost of the fine.

Don't play lawyer yourself.

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Answered on 10/06/07, 5:30 pm
Douglas Sughrue Attorneys Crosby & Sughrue

Re: Marijiuana and guilty by association

Cops often use disorderly conduct DC as a catch for people that caused trouble but didn't really do anything wrong. You need to pelad not guilty and request a hearing date. An experienced attorney will show the District Judge that DC potentially does not apply in your case. However, the cost of an attorney will probably be more thatn the fine you are facing.

Call with any questions or concerns.

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Answered on 10/05/07, 5:14 pm

Re: Marijiuana and guilty by association

Could be because the cop truly though you deserved a citation, or he smelled the pot on you and felt since he could not cite you for possession that the disorderly was fair, or he might think he would actually help you with early penalties for smoking up or disturbing a neighbor, in that it might help prevent you from heading down the wrong road, or it could be he's an asshole.

In the real world, cops see much more suffering and the penalties that go with making bad decisions, than you and your friends. Cops (and judges) KNOW that younger folks make STUPID decisions, hook up with the wrong friends, etc., and most cops/adults REALLY believe that talking to you probably won't do any good, because you (youth) know everything. I'm not saying these things to be insulting, I'm saying this because the earlier you start looking at WHY people do things, as opposed to just WHAT they do, the better off you will be, and the better you will be able to help yourself and others. When you believe people are doing something to be an asshole, try to avoid dealing with them, go over their head, and do NOT react badly to assholes, as they like it. Good luck.

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Answered on 10/05/07, 6:01 pm
Brian Zeiger Levin & Zeiger LLP

Re: Marijiuana and guilty by association

You can't conspire to simply possess something, so unless the officer finds it on you or can put it on you, i don't think they will charge you with possession unless they are trying to scare you.

If they try to put it on you, they would have to do that through some type of control and dominion of the pot that was not accessible to anyone else.

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Answered on 10/05/07, 9:52 pm


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