Tag Archives: SUMMARY

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.

A friend was cited for urinating in the woods at a concert

Q: Our friend couldn’t hold it anymore. No bathrooms were available anywhere He hid in the woods far from anyone. He was not intoxicated and was respectful but was cited. Should he plead not guilty, no contest or ask for ARD? What should they do when they go to the magistrate’s office? (Pittsburgh, PA)

A: Take a toothbrush and pray for mercy. No, just kidding. Advise him to plead not guilty. It is a summary offense but will stay on their record for five years if they are found guilty. I wouldn’t rely on the District Justice dismissing or the police officer withdrawing the citation, although they may. Tell them to hire an attorney if possible, they will have a better chance.

When someone runs a criminal record what shows up?

Q: I’ve always heard after 7 years your criminal record means less. I’m just wondering why? Thank you in advance! (West Homestead, PA)

A: You have heard wrong. There is no expiration date for most criminal records. Under the recent amendments to PA law, you can now expunge a misdemeanor 2 after 10 years of arrest free behavior and a misdemeanor 3 after 7 years of arrest free behavior. Also, summary (Disorderly Conduct, Harassment, etc.) convictions can expunged after 5 years of arrest-free living. Please remember that the arrest record remains in the system even if your case was dismissed, withdrawn or you were not found guilty.