meigs004 : Hello, how are you today? Were you on probation for the previous offense at the time of the second offense?
Customer: no my son is 20 now he was 19 when he had first offense
meigs004 : Ok, thank you for that clarification.
Customer: Did you read the first info I sent you ..this took place in PA...we are from New Jersey
meigs004 : In the state of Pennsylvania, if he has already pled guilty and has gotten a sentencing date, his license will be suspended for a period of 1 year, and the fine range is minimum ($25) - maximum ($500.00). Being that this is his second offense within the last 2 years I doubt that there will be much that he can do regarding trying to avoid his license being suspended. However, with that being said, he can apply to seek an occupational or restricted license to allow his travel to and from work, or other engagement as approved by the court. The fines and court costs are always negotiable, and the prosecutor will consider the case and the circumstances in assessing how much they will pursue on that end.
meigs004 : You always run a risk of getting a disgruntled DA or prosecutor when you have multiple offenses, however, in this circumstance considering the offense is a minor offense, and while it has only been a year and a half, that is still some time between offenses.
meigs004 : If he has plead guilty then the offense will go on his record unless he can qualify as a youthful offender status, which will make the offense sealed. Considering his age, unless the DA or prosecutor agrees to it, that will probably be a long shot.
Customer: the citation he received says he goes in front of the magistrate..if we go with a lawyer which we did the first time..the lawyer spoke with the policeman. He ha plead not guilty ..so we never get to talk with a prosecutor or DA..I guess im not explaining myself..he has an appointment in front of the magistrate...What can I expect ..will she have a record of his previous underage drinking what can you tell me
meigs004 : Thank you for clarifying. Yes, this will be the initial appearance to plead guilty or not guilty, and it will give you the same opportunity, but to answer your question, the judge will have a record of the previous offense, considering he was 19 at the time, and if he was not treated as a youthful offender at that time, it is on his record.
Customer: He plead not guilty..of course he was drinking underage ...if he looses his license that one thing but will that stay on his record and do you know how much this will all cost...should we even plead guilty and just loose license and pay a fine...Is it possible that they could give him community service and alcohol classes again
Customer: if he gets treated as a youthful offender ..does this stay on his record forever..how do you get it off his record
meigs004 : If he gets treated as a youthful offender it would not go on his record, however, if he does not, it will go on his record. In order to seek to have it removed he would have to consult an attorney about seeking either a pardon, or an expungement to have it removed from his record.
meigs004 : It is possible to again receive community service considering the amount of time in between offenses, and it is also possible they will offer some sort of preadjudication or deferred prosecution program to allow him to seek counseling for the drinking issue, however, an attorney in your area should advise you on those programs before agreeing to entering one.
Customer: another question I have ..does this affect his record in New Jersey ..I can't spell the word right but I think they ressiprository
Customer: so if we plead guilty and just let him loose his license ..even though he was not driving then this is a criminal record that he will have
meigs004 : That is correct. So if I were you, if financially feasible, I would consult an attorney about trying to work another deal.
meigs004 : Did he finish the community service, and was the first offense dropped after he did so?
meigs004 : Meaning, did he complete the court required service, and the charge dropped?
Customer: here's another problem ..because he goes to college in PA...we don't know any attorney's and we did not like the last one we had..she never explained to us that she was dealing with a police officer and had to wheel and deal with him and then he spoke with her to the magistrate..to answer your question he did complete community service and alcohol classes and I believe the charges are dropped...I hope ..I guess i will have to find out..How would I do that ..would this be on his license?
meigs004 : You could figure out by going to your local courthouse and using the database if that option is available, or asking an attorney if you in fact do retain one. If it was dropped, this new charge would be treated as a first, as he was not convicted, nor did he plea to the first offense.
meigs004 : Does that make sense?
Customer: Ok..I have one more question my son tells me that the police never read him his rights or let him make a phone call..but he got 2 tickets in the morning when they let him leave ..one was for the unopened beer in his back pocket the other was because they smelled alcohol ..before he told me about this he already went down and pleaded not guilty..but it really doesn't matter what the police said or did because he was wrong ..so how can anyone fight that ..do you just never admit that your guilty do you always still try to get a lesser thing
meigs004 : By pleading not guilty, it allows you the time and opportunity to consult the police officer and the prosecutor about working out a deal, as you can always plead guilty all the way up to and including trial of the criminal charge.
meigs004 : The fact that the police did not give him his procedural due process is relevant, and could be used by an attorney in attempting to have the charge dropped or reduced, or get a better deal than simply pleading guilty.
Customer: Ok I appreciate all your help ..you have answered all my questions..have a great night...Thank You
meigs004 : Great, I am glad I could assist you. You have a great night as well, and please do not forget to provide a positive rating by providing a smiley face and submitting!
meigs004 : Good luck to you and your son!