Tag Archives: JUVENILE LAW

Can my 17-yearold be convicted of underage drinking if no test?

Q: My 17-year-old was at a house where there was alcohol. There was an altercation between others. She was not involved and asked a friend to take her home because she was scared. Police stopped them did not test them. The cop did ask her how much were you drinking and she said a little. She was drinking Red Bull and thought that was illegal. Will she still be charged? (Mt. Lebanon)

A: Attorneys defend these cases all the time. Police break up an underage drinking party and don’t have evidence of alcohol consumption for some of the kids because they have no beverage container in their possession, do not appear to be intoxicated nor smell like alcohol. This normally does not prevent the police from citing everybody at the party. The statute 18 Pa. C.S.A Sec. 6308, requires proof that a minor consumed, transported, possessed or purchased alcohol. If the only evidence against your daughter is that she said she was drinking, the officer can testify to that and it would be up to the District Justice to believe your daughter’s story about her believing Red Bull was illegal. I find her story questionable but I would have to hear it in person. Bear in mind that many District Justice offices offer a program for minors in this situation whereby the charges will be withdrawn if the minor completes an alcohol class. I would consult with a lawyer as if your daughter is convicted, she will have a record for five years and will lose her driver’s license for 90 days.

Charged with contempt of court as a minor?

Q: If a 17-year-old minor involved in a case as a witness, refuses to attend and testify in court, what charges would he/she be facing? Could they receive a fine, or even jail time? (Peters Township, PA)

A: The only circumstance in which a person can be legally obligated to appear in court and testify is if they were served with a Subpoena. As this person is a minor, his parents or guardians must be served. If the parent or guardian is served with the subpoena and do not want to bring their son to court, they should seek the advice of a lawyer as to whether they have legal grounds to not comply, such as the minor’s 5th Amendment rights or a real threat of retaliation or witness intimidation. If the parent or guardian has no such valid reason, then they can be held in contempt of court by the judge and the judge can issue an order or warrant and have them brought to court by sheriff or police.

Will I go to jail? I am a minor and an honors student.

Q: I’m on probation for selling drugs turned from felony to misdemeanor. I’m 17 years old and recently am going to court for DUI. I got pulled over and admitted I had been drinking. I know I will need a lawyer. What will most likely happen in court since I also violated my probation. Also, I don’t think I’ll be able to get a lawyer because of my family income.

A: Being arrested while on probation, will be considered a probation violation, if you are adjudicated delinquent of the new offense. This means the probation judge can hold a probation violation and sentence you on the probation violation. You need to stop doing whatever it is that you are doing, and, try to get a lawyer. Apply to the Public Defender. If you qualify, you will be assigned a lawyer. A good lawyer can look at the case to see if you have a defense, and if not, mitigate your damages. You will also receive a lengthy driver’s license suspension for DUI while being a minor. The biggest challenge will be to prevent you from getting a criminal record. The juvenile court system is designed to rehabilitate youth and not to punish-at least it is thought to be. My thought is that either of your judges will be inclined to order more intense drug and alcohol counseling through your probation. You may want to be proactive and get yourself a Drug and Alcohol evaluation and follow any treatment recommended before the final court date on your case.

Can her mother and step dad search her bedroom?

Q: She is 17 years old. They go into her room when she is at school and go through everything just to see if they can find something. The step dad is the worse about doing it. She has no privacy whatsoever. Can she get a restraining order or PFA?

A: In PA, she is a child until she reaches the age of majority at age 18. Even if she is 18, and living in her parent’s home, she has no privacy rights unless she is paying rent pursuant to a lease, assuming she does not own the property. She would not qualify for a Protection from Abuse Order if there is no violence. She can petition the court to become emancipated, which sounds attractive to kids, but is normally unrealistic as she would need to prove that she can sustain herself independently of her parents (rent, food, health insurance, etc.) I think she needs to play by the rules at home. If she is not hiding drugs or having on-line contact with sexual predators, she should have no problem.

My daughter was cited with underage drinking at a party but she was not drinking!

Q: My 17-year-old daughter was cited tonight for underage drinking at a house party. The cop said she wasn’t drinking. She will lose her license and be fined. Do we have recourse?

A: I believe the statute (6308) applies to possessing, transporting or consuming. If she did any one of those she can be cited. Many times, officers cite all the kids at a party, even when they don’t have evidence against all of them. If the officer will state the she didn’t drink, possess or transport the alcoholic beverages, he may withdraw the citation. She may have a defense if he does not. Whatever you do, do not have her plead guilty. As you already know, being found guilty of this summary non-traffic offense will result in a driver’s license suspension and will remain on her record for five years before she can expunge it. If she has no defense, there is a program (if offered) for first time underage drinking offenders that will involve the charges being withdraw. (Munhall, PA)

Would it be a violation of probation to be signed out of high school at 16?

Q: I recently started probation and I’ve been failing my classes for a while now and making no significant progress. Parents said if I don’t improve my grades they’ll sign me out and I’ll have to get a job. So, if they were to sign me out would it be a violation? And would getting a job soon after being signed out make it any better or not a violation if it is?

A: If staying in school is a condition of your probation, then yes. If you leave school, it would be a violation of your judges’ probation conditions. Education in PA is compulsory until age 17. This means you must stay in school until age 17. At age 17 you can sign yourself out. Until then, you cannot miss school unless you have a valid excuse, such as a note from your doctor. If you miss school without an excuse, your parents can be cited for truancy, summoned to the District Justice and fined. If you are failing, you may want to talk to your counselor about an Individualized Education Plan (IEP) or an alternative school or cyber school. Stay in school and get your diploma.

Do I plead guilty to underage drinking?

Q: I got papers in the mail saying I am being charged with 6308 Purchase, Consumption, Transportation of Alcoholic Beverage By A Minor. It’s says it is a fine and a court date. If I plead guilty and pay the fine, do I have to go to the court date and will I have anything else other then the fine?

A: Don’t check the guilty box. Plead not guilty and send the required funds in. Many magistrates offer a first time offenders program whereby you attend a class and get the charge dismissed. If this is not a certainty, hire a lawyer to push the issue. If you plead guilty on your own, you will receive a summary conviction on your record for 5 years and a 6 months driver’s license suspension.

What is my first step in obtaining custody if I have no proof I am the father?

Q: My daughter was taken away and kept from me pretty much her whole life and never knew me. She is now involved in DFS or Child Protective Services in the state of Florida she is currently in Pennsylvania in a shelter waiting for transport to Florida. Her mother doesn’t want her but there is no proof of that. When she gets to Florida she will be placed in a youth facility.

A:The family courts and Children Youth and Families (CYF) are directed to find relatives for children in placement. They call it “family finding”. Since this child is physically in PA, you can try a few things. Call CYF and tell them you want to be a caretaker. They may work with you but there is a possibility that the child is on her way to FLA where it appears there is jurisdiction? An attorney experienced in Juvenile Dependency law can help you immensely. If you cannot afford an attorney, you should call the Allegheny County Bar Foundation, Juvenile Court Project. 412-391-4467. If you qualify for representation, you will have an excellent attorney at no cost. The idea is, if you are serious, get involved now.

 

What is my first step in obtaining custody if I have no proof I am the father?

Q: My daughter was taken away and kept from me pretty much her whole life and never knew me. She is now involved in DFS or Child Protective Services in the state of Florida she is currently in Pennsylvania in a shelter waiting for transport to Florida. her mother doesn’t want her but there is no proof of that. when she gets to Florida she will be placed in a youth facility.

A:The family courts and Children Youth and Families (CYF) are directed to find relatives for children in placement. They call it “family finding”. Since this child is physically in PA, you can try a few things. Call CYF and tell them you want to be a caretaker and want a paternity test. They may work with you but there is a possibility that the child is on her way to FLA where it appears there is jurisdiction? An attorney experienced in Juvenile Dependency law can help you immensely. If you cannot afford an attorney, you should call the Allegheny County Bar Foundation, Juvenile Court Project. 412=391-4467. If you qualify for representation, you will have an excellent attorney at no cost. The idea is, if you are serious, is to get involved now.

Can I get a suspended sentence for 2nd underage drinking?

Q: I caught a 2nd underage drinking charge. I didn’t face jail time the first time, but I imagine the judge isn’t gonna be happy to see me again. Is there any way I could get my lawyer to work out a suspended sentence for me, or some other way to avoid jail time?

A: If the first section 6308 summary didn’t get you a 90 day license suspension because you somehow avoided a conviction for being a first time offender, this new 6308 will carry a one year driver’s license suspension. I would hire an attorney. An attorney may be able to advise you on how to avoid a conviction, if possible.