Tag Archives: CITATION

Can cop arrest me for underage drinking by filming my license over a body-cam?

Q: I was at a party and some people were being quite loud and campus police were checking in and had eventually entered the home. They shut down what was going on and lined everyone up before exiting the home warning people not to flee out of the rear of the house. Checking people’s bags for alcohol in which they had to throw out if they did possess it and asking them for ID which they verbalized names over a body cam. Now, if no one was arrested could there still be future ramifications? (Pittsburgh, PA)

A: For summary offenses, citations can be issued at the scene, or by mail. The police can also charge misdemeanors without physically arresting someone. They can take the information and mail a summons to the person. You will likely receive a citation in the mail and a hearing date. Do not plead guilty. Underage drinking under section 6308 of the PA Crimes Code is a summary offense, which if you are convicted of, will stay on your record for 5 years before you can pay to have it expunged. Additionally, it carries a driver’s license suspension which will come in the mail from PennDOT, weeks later. Many District Justices offer a first-time offender’s program which will allow you to avoid a conviction, but it is not always offered unfortunately. Make sure the address the police have is a good one. If you do not receive mail at the address you gave them, miss the hearing and are convicted, you are out of luck. Hire an attorney if you can.

Public Drunkenness-what will happen?

Q: I have never gotten in trouble before, perfectly clean record. No speeding tickets, traffic tickets, or anything. However, the other day I ended up getting picked up for public intoxication. I walked into an apartment building which I initially thought was mine and alarms went off. Once I realized the alarms were going off I stepped outside and sat on the steps and waited. I did not want to make it appear that I was doing anything malicious, so I sat and waited for the police to come. I was completely cooperative and nice to the police. I understood that they were just doing that job and I was making that clear. Looking over my citation, there is no docket number or total due amount. I’m just wondering what exactly this means. Also, is there any possible way that the MDJ could possibly just void the citation? I’m just hoping to keep it off my record. I have done research and I understand that ARD programs could solve this, but I plan on asking about my options at the MDJ and don’t plan on fighting the case. (Brentwood, PA)

A: If you have a pristine record, I can understand your concern. If convicted, this non-traffic summary offense will stay on your record for five years before you can pay an attorney to expunge it. An experienced attorney can guide you on how to get this charge withdrawn. You may have to do something in exchange like community service or a drug and alcohol evaluation. Frankly, if you are so intoxicated that you walked into the wrong building, you may need this. In today’s gun-crazed stand-your-ground world, you could have been riddled with bullets from an AR-15. Also, even if this summary citation is withdrawn, you will have to expunge the record of its issuance. Until you do, the records will still exist for all inquiring minds to find. I would try to have it withdrawn instead of burning your ARD card now. It is nice to keep the ARD option for future use, especially if you do not stop drinking.

Public Drunkenness-what will happen?

Q: I have never gotten in trouble before, perfectly clean record. No speeding tickets, traffic tickets, or anything. However, the other day I ended up getting picked up for public intoxication. I walked into an apartment building which I initially thought was mine and alarms went off. Once I realized the alarms were going off I stepped outside and sat on the steps and waited. I did not want to make it appear that I was doing anything malicious, so I sat and waited for the police to come. I was completely cooperative and nice to the police. I understood that they were just doing that job and I was making that clear. Looking over my citation, there is no docket number or total due amount. I’m just wondering what exactly this means. Also, is there any possible way that the MDJ could possibly just void the citation? I’m just hoping to keep it off my record. I have done research and I understand that ARD programs could solve this, but I plan on asking about my options at the MDJ and don’t plan on fighting the case. (Brentwood, PA)

A: If you have a pristine record, I can understand your concern. If convicted, this non-traffic summary offense will stay on your record for five years before you can pay an attorney to expunge it. An experienced attorney can guide you on how to get this charge withdrawn. You may have to do something in exchange like community service or a drug and alcohol evaluation. Frankly, if you are so intoxicated that you walked into the wrong building, you may need this. In today’s gun-crazed-stand-your-ground- world, you could have been riddled with bullets from an AR-15. Also, even if this summary citation is withdrawn, you will have to expunge the record of its issuance. Until you do, the records will still exist for all inquiring minds to find. I would try to have it withdrawn instead of burning your ARD card now. It is nice to keep the ARD option for future use, especially if you do not stop drinking.

Do I need an attorney for a summary offense?

Q: My 13-year-old daughter was charged with a summary offense of Harassment of a former friend. She received a citation with a $250 fine. Do I need to contest these charges and retain a lawyer or should I just pay the fine? Also, will she have a criminal record and can this be expunged? Thanks. (Mt Lebanon)

A: I find it odd that she is 13 years old and cited. Do not check “guilty” and send your money in for the fine. Check “not guilty” and request a hearing. If it requires money to be sent, send it. With no criminal history, this is the type of case that can be worked out without a conviction and a fine. This will be much easier if you have an attorney who is familiar with the court system guide you to this result.

JUVENILE LAW, CITATION, HARASSMENT