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Curfew not violated

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needinfomom

Junior Member
What is the name of your state? Pennsylvania

If my son is arrested for curfew violation and underage drinking, then it is discovered that he was NOT violated curfew, and the curfew citation is dismissed, shouldn't the underage drinking be thrown out as well? The police had no real reason to stop him.
 


xylene

Senior Member
needinfomom said:
What is the name of your state? Pennsylvania

If my son is arrested for curfew violation and underage drinking, then it is discovered that he was NOT violated curfew, and the curfew citation is dismissed, shouldn't the underage drinking be thrown out as well? The police had no real reason to stop him.
Could you actually flesh out what happened, along with facts and relevant charges, and how they came to be dropped?
 

needinfomom

Junior Member
He was walking home at 10:20 (curfew is 11:00) an officer stopped him because he did not look 18, asked where he was going, then smelled alcohol. When I picked him up at the police station, I asked the officer about the curfew, he said it was 10:00. The next day I copied an article out of our local paper, where they had posted the curfew and it clearly stated that the curfew was 11:00 on Friday and Saturday. I took the informatio to the police station and they said they would take off the curfew violation, but not the underage drinking. Now we have a court date tomorrow. I still have all of my paperwork
 

Silverplum

Senior Member
needinfomom said:
He was walking home at 10:20 (curfew is 11:00) an officer stopped him because he did not look 18, asked where he was going, then smelled alcohol. When I picked him up at the police station, I asked the officer about the curfew, he said it was 10:00. The next day I copied an article out of our local paper, where they had posted the curfew and it clearly stated that the curfew was 11:00 on Friday and Saturday. I took the informatio to the police station and they said they would take off the curfew violation, but not the underage drinking. Now we have a court date tomorrow. I still have all of my paperwork
Are you actually going to protect your son from the consequences of his underage drinking?
 

needinfomom

Junior Member
This actually happened a year ago, he was on probation, the cop called his probation officer, and my son spent 60 days in a juvenile facility 500 miles from home. I think he has paid his debt for that action.
 

Silverplum

Senior Member
needinfomom said:
This actually happened a year ago, he was on probation, the cop called his probation officer, and my son spent 60 days in a juvenile facility 500 miles from home. I think he has paid his debt for that action.
Maybe so. But I urge you to give serious thought to whether you are enabling him by trying to protect him from his own actions. He was already on probation, which he clearly did not take seriously enough to not drink. He does not take the law seriously enough to not drink. He may have a problem with alcohol.

I know this is not legal advice, and I apologize for that. Good luck to both of you.
 

CdwJava

Senior Member
If he was on probation he already had no expectation to be free from search or seizure. Plus, since it wsa a year ago the matter should have been brought up then.

You can consult his attorney and see what he has to say on the matter. But, keep in mind that protecting him from his self-destructive actionsa could be what got him here to begin with.

- Carl
 

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