Conflicting Police Reports
My question involves criminal law for the state of: Pennsylvania
I am 17 and was recently arrested along with a friend and charged with possession and paraphernalia. Shortly after the incident I received the police report in the mail. After reading through, everything seemed to fit to the T except for a few minor discrepancies. About a month or two later my friend whom was arrested alongside me received another police report in the mail stating that I was the one who pulled a bag of marijuana out of my pocket and handed it to the officer, of which is completely false. I was charged with possession because my glass pipe (paraphernalia charge) was packed with his weed, of which i understand but I DID NOT furnish a bag of marijuana from my pocket. I have both the conflicting police reports. I was put on juvenile probation because of the charges and I am currently still serving. What I want to know is, is there anything that can be done about this? Does it even matter really?
Re: Conflicting Police Reports
It probably does not matter if you plead guilty to possession. Since you apparently weren't charged with distribution, it probably does not matter.
And that will be the problem - you plead guilty.
The police report was never evidence, only the officer's testimony would have been evidence. had you gone to trial, this could have been useful in showing that the officer (or officers) were not certain of what transpired and it MIGHT have cast reasonable doubt on the officers' independent recollections. As it is, the point is likely moot. But, if you or your parents have a few dollars lying around, maybe you can speak to an attorney that can look into your case.
Re: Conflicting Police Reports
Alright. Well the thing is, I got my letter and my buddy recieved his the same day. I had a conference with my probation officer (not at the time) and yes plead guilty because I was caught ready handed. The thing that digs at me is that after we had both recieved our reports and I plead guilty, a few days prior to my friends hearing (he is 19) he recieved a second police report stating what I earlier explained. I don't know if this information changes anything but the more better, and if anything can be done I will act. Also there two officers. State officers to be exact. The conficting reports were also signed by the same officer.
Re: Conflicting Police Reports
Unless it changes the fact that you had a pipe stuffed with weed, it really is not going to change much.
But, like I said, if you have the money, consult an attorney and see what he has to say. But, as I said, that guilty plea sort of does you in ... unless you have not yet been sentenced. If you have not yet been sentenced you might have some chance, but, bear in mind, it is testimony at trial that is evidence and NOT the police report. If jail time or some more serious penalty is an option if you lose at trial, you may want to seriously consider your options.
Re: Conflicting Police Reports
Well I dont know if this information is of any relevance as well but I never did go to court. I am on a consent decree, of which if I violate, THEN, I will go to court. Of course facing the previous charges and the new ones.
Re: Conflicting Police Reports
In the end it doesn't matter in that either way you were in possession of MJ. In fact, this might have helped you b/c it looks like you came clean by handing the bag over. Noe if the bag had been a ton of MJ and you had been charged with a felony, now that would have been a whole different ballgame.