Has anyone won a 5301 case?

[cobra2411]

Just curious.

A friend's nephew was arrested the other day and falsely charged with disorderly conduct. He's 16 and the story is he was watching two kids fight. Aston PD showed up after they stopped and he made the comment "Well that's Aston PD for you, waiting till the action's over to show up." and they arrested him and charged him.

Last time I checked making a snide comment, while probably not the best thing to do is not disorderly conduct. It sounded like the officer just wanted to intimidate and show who was the boss.

I suggested that he fire back with at least a complaint. I also suggested firing back with an official oppression charge on the officer. He thinks it's a waste of time as they will never convict the officer.

TIA

[Steve in PA]

Don't see how the charge fits "if" your son is telling the truth. Not saying he isn't, but if I had a nickel for every kid that told their parent....."I didn't do anything"...........I'd be rich.

Perhaps the officer thought your son was trying to escalate instead of de-escalate the situation, which could be seen as DC.

Of course the officer could have issued the citation for the reason you mentioned.

My advice is to take a hearing in front of the magistrate and let him decide who's story he believe.