Legal Question in Criminal Law in Pennsylvania
Possession of alcohol by minor
My 17-year-old got a summary citation for underage alcohol possession after police were called to a home for suspicion of an unsupervised party. After entering, they found beer and empty cups in the kitchen.
She requested & was denied a breathalyzer, but was allowed to drive home after I arrived (50 min. after police). They believed she'd not had anything to drink.
She told the police that she became aware of the beer after dropping in unexpectedy to visit the girl who had the party, before it started. She'd not been invited. The girl opened the bathroom door to show her the keg, which was in the bathtub, and then closed the door again. The beer was brought to the kitchen when the invitees arrived. She was on her way out 25 minutes later, saw the police pull in, and, fearful that looking like she was trying to run would get her in more trouble, returned to the kitchen to wait. Police didn't see her about to walk out, but were aware that she'd left her purse/keys in her car.
She was due home 15 minutes after police arrived, and it's a 15 minute drive home. The times she gave all check out.
Is it worth pleading not guilty and trying for disorderly conduct? I can't afford an attorney.
1 Answer from Attorneys
Re: Possession of alcohol by minor
And, why would she want to plead guilty to disorderly conduct? What about her conduct was disorderly?
She seems to be not guilty of possession of alcohol. She should plead not guilty and fight the charge. There is no evidence against her.
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