Legal Question in Criminal Law in Pennsylvania

My son has been charged via summons for possession of small amount of marijuana and possession of drug paraphenalia. He is required to be fingerprinted before his preliminary hearing on 1/28/10(downtown Pittsburgh) and he has the hearing on 2/18/10(at the Magistrate's office). The P.O. claims he observed my son(18 years old) and his friend(17 years old) passing an object back and forth and smoking the object. I questioned my son about this and he stated neither of them were smoking anything, it was a cell phone that they were passing back and forth. The P.O. shined his spot light on them so they waived and continued standing on the park steps. They went to the top of the park steps, which leads to the street where we live, after about five minutes. Both boys came back to our house and were standing in the back of the house when they were approached by 2 police officers. They were asked why they were standing there and they replied they were enjoying the view. They asked both for their IDs and ran through the NCIC for wants/warrants. The P.O. claims he asked to search them but my son stated the P.O. said he said they were going to search them. They found nothing on them but did see the pipe with marijuana hidden behind a rock, which had not been lit(it was not charred-I witness this at the police station). My son admitted to having a small container of marijuana which was also taken. Their miranda rights were not read to them. They were handcuffed and taken to the Police station. My son took full responsibility. Do you see any violations or glitches in their procedures? Do you think a public defender could do just as well as a lawyer or should he required neither?


Asked on 1/21/10, 2:00 pm

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

There are a few issues that could be explored, such as the location where the police ultimately stopped them, and the statement which led to the discovery of the marijuana. The search would also be an issue but nothing was found in the search.

I would need more info to answer in a more detailed manner. Feel free to email me. And yes, he needs an attorney.

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Answered on 1/26/10, 2:22 pm


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