Under the facts as you describe them here, in Pennsylvania, Disorderly Conduct
, like underage drinking, would also be a summary offense. (See Pennsylvania Statutes Section 5503
.) So I would recommend taking the advice of the Magistrate and seeing if the police officer is willing to amend the citation.
If the officer says "no," your son could plead guilty to something that is not a crime, and which could get expunged down the road as a juvenile
offense. If the officer is amenable to the amendment, however, that would be a better deal. Your son would not have to take any alcohol-related classes to dispose of the matter, and it couldn't be used against him as a predicate if he is ever again caught drinking while under age. It would also be potentially expungeable as a juvenile offense.
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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.