15 year old charged with underage consumption

[JakesMomPA]

What is the name of your state? Pennsylvania

Hello, I am new to this board hoping for some advice. My son is 15 years old and has been issued a citation for underage consumption. We were issued a citation despite my son even being at the location the citation sites or at the time the alleged consumption took place.

My son was fishing with a friend when a group of teenagers showed up. He stayed about 15 min - 1/2 hour. He said he didn't drink and left when one of the kids started throwing up. He even left his friend there because he couldn't find him. He was back at our house by 5:45 pm.

Meanwhile, the rest of these kids (one was a 20 year old that purchased the alcohol...at least we think the older boy purchased it) ranged in age of 14 - 20 took a car (I'm not sure if stolen) and wrecked injuring one of the boys (minor injuries). I work in the ER the night they brought the boy in but wasn't aware of this person because I did not know him to be one of my son's friends. My son said he only recognized 1 girl from the group who came down to the creek and only that he recognized her from school.

Anyway, after the wreck, the other kids in the car left the scene carrying the kid with them. This happened on a Monday. Wednesday night (around 10pm) we get a call from the local police stating they were charging my son with underage consumption. We advised the police that our son was at home and wasn't in the car.

We got the citation, paid the $50 to plead not guilty and have a court date in September.

Here are the questions:
1) We tried to get a copy of this police report from the local police and they told us "NO" it is not their policy to give out a police report. Can they withhold a police report if my son is being charged with whatever is in this report? And if they can't withhold it, what law allows us to demand a copy?
2) We tried to get legal help through public defender and neighborhood legal group and they advised us that they couldn't because it is a citation only for underage consumption. What does this mean?
3) My son wants to join the Navy and is afraid that this will affect his chances to do so. Will it?
4) Can he lose his ability to get a license at 16?
5) How can you be charged with something when you are not caught doing it with only the testimony of one of the girls involved in the accident?
6) Can my son be sent to a juevie home?

Any advice would be greatly appreciated. I have been a nervous wreck since this charge. Also my son has had a headache for the last couple weeks. He is so upset about being charged when he didn't do what the police accuse him of.

Thanks

 

[BelizeBreeze]

1) We tried to get a copy of this police report from the local police and they told us "NO" it is not their policy to give out a police report. Can they withhold a police report if my son is being charged with whatever is in this report? And if they can't withhold it, what law allows us to demand a copy?

Go to the court clerk and ask for a subpoena duces tecum, fill it out and pay particular attention to the "SERVICE" requirements. Once you've filled it out have it served on the chief of police.

2) We tried to get legal help through public defender and neighborhood legal group and they advised us that they couldn't because it is a citation only for underage consumption. What does this mean?

It's a violation, not a criminal offense and legal aid only handles criminal defense.

3) My son wants to join the Navy and is afraid that this will affect his chances to do so. Will it?

Only if he lies about it on his entrance paperwork.

4) Can he lose his ability to get a license at 16?

Doubtful.

5) How can you be charged with something when you are not caught doing it with only the testimony of one of the girls involved in the accident?

Because there IS a witness. Which tends to support that your son did actually drink. Ever hear of a 'come to jesus' meeting?

6) Can my son be sent to a juevie home?

It's a bit premature for that. Probably what will happen IF he's found guilty is a fine and probation.

 

[JakesMomPA]

BelizeBreeze,
Thanks for the information. I appreciate the directions to get the police report.

I also wanted to say that the citation lists the time of the incident as 20:34 and my son was home at 17:45pm. A neighbor had come down to our house and paid him (my son) for cutting his grass earlier and gave him a DVD to watch. None of us, my husband, myself, the neighbor, my daughter...no one observed anything that would indicate that my son was drunk.

Now yes, I agree, I was 15 at one time and know that I would sometimes tell my parents what they wanted to hear, not necessary the whole truth. But what makes me angry is the police said that a "girl who didn't drink" said my son was there, keep in mind that this girl was in the "stolen" car that wrecked. My son "who didn't drink" (and was not in the car) said he didn't drink anything. My problem is that the police believed a girl who was involved in the car accident (and had more to gain by giving all the names of the kids....and I agree my son was at the creek...and left) over my son who wasn't involved in the car accident.

My neighbor will go to court with us as a witness to say that he saw my son at 17:45. Will this help? Also, my son is in a fishing club and he was one of the members who due to community service went on a trip as a reward with the club. He has been in the local paper with regards to his fishing hobby. Will having a witness and the paper be helpful? I'm not sure what to do at this hearing with a magistrate.

I only wish that the police contacted us earlier than the 2 days they took to call us. I would have taken him to the hospital for a blood alcohol test.

Again, thanks!