Legal Question in Criminal Law in Pennsylvania

Me and my friends were fishing and one of us had a bowl. Later a cop showed up and the bowl was laying on the ground. He found it and all of us denied that it was ours. He threatened to charge all of us with possession of paraphernalia but only cited my friends for public drunkenness and having an open fire. The paraphernalia was really never mentioned after he threatened us. Is there any chance of his threats coming true or not?


Asked on 6/01/11, 11:46 pm

1 Answer from Attorneys
Matthew Jorden Jorden and White Law Firm, LLP

From what you have described, it appears that the police officer actually provided you and your friends with a ticket with some charging information. Although the ticket may not have the information regarding the paraphernalia, in Pennsylvania the officer may file additional charges for with his complaint at the District Court. My impression from your description is that he will not charge you with it. However, my experience is that the police officer will use the extra charges as a bargaining chip, stating that if you contest the original charges, the police officer will refile the complaint with the paraphernalia charges added. I don't know if he would do that in this case, but he might. Hope this helps.

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Answered on 6/02/11, 8:16 am


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