Legal Question in Criminal Law in Pennsylvania

My son was charged with the following this past summer in the state of PA:

conspiracy/poss of cont sub, consp/possession of marijuana, consp/possession of drug parah

He was a passenger, the drive admitted to the Assist DA at the hearing that all of the drugs were his, and not my son's. His representative from the public defender's office told him that if he self incriminated himself they could not represent him. The assist DA was present when he said it, but she said that she can not give him legal advice, but if he had told the police officer present he could drop the charges. The DA heard the admission that the drugs were his. My son was accepted and then denied entrance into college because of the pending charges. He went to 4 hearings, twice his co-defendent did not show up, one time, he showed up and they arrested him, the third time, he was ready to clear my son't name bu the representative from the public defenders office kept him from doing it.

Please tell me what should we do? his trial is on january 25, we have a public defender, but I feel like something needs to happen right away to help him get re admitted into the school, to get the charges dropped. If the kid who said the drugs were his admits this, to who can he do this and get my son't charges dropped. My son's public defender believes they can cut a deal with the DA. Also, what does conspirarcy mean? When the called my son and told him that he can not come to school this weekend, they said their lawyer looked at it. Isn't conspirarcy like we don't know if you did it, but we think you did kind of charge? it sounds really bad...I don't know what to do, if this charge is dropped, he can go to school, if not, he has to wait until he is cleared an attend in the fall. Thank you


Asked on 1/08/10, 8:24 pm

1 Answer from Attorneys

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

"Conspiracy" doesn't mean they think he did it, it means he and the other guy planned the crime together.

The PD can't represent both because they have divergent interests...they are co-defendants who could turn on each other.

Your son needs his own attorney. You should have the PD office ask the court to appoint an attorney not affiliated with the PD to represent your son or your son should hire a private attorney.

Feel free to email me with any questions. I practice statewide.

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Answered on 1/13/10, 9:09 pm


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