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Ask Samuel II Your Own Question

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21717
Experience:  Handle criminal matters in both state and federal courts.
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I got my second DUI and was placed on non reporting bail with

Customer Question

I got my second DUI and was placed on non reporting bail with no money. I went to rehab because after doing a tour in Iraq I picked up a drinking problem. After I got out of rehab I relapsed when my friend came home from his third deployment. We drink a lot more than I expected. I blacked out and woke up in a jail. I received two summary charges, public drunkenness and theft of services. I don't remember but the ticket says I didn't pay the taxi cab driver. I was released the next morning and just handed two tickets. I am trying to get the theft dropped and just plead guilty to the public drunkenness. What effect might this have on my pending dui case. They happened in different counties and they put my birthdate in the computer wrong. Will they not see this happened?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Samuel II replied 9 months ago.

Samuel II :

Hello

My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard.

You are on probation for the DUI, correct? And do the terms of that probation state that you are not have any alcohol during that probation period?

Customer:

I am not on probation yet I am waiting my for a court date. But I am on bail I just had my prelim. My next court date for the dui is in December. I didn't have to post bail and the terms where I show up and I must refrain from criminal activity

Samuel II :

I see. Thank you. Yes, this public drunkeness could have an affect on your DUI outcome. And regardless of the error in your DOB it will be availaible to the prosecutor should they be diligent enough to check your record.

Customer:

What kind of affect could it have

Customer:

harsher sentence

Customer:

?

Customer:

Will they take away my bail?

Samuel II :

If you were eligible for probation, the court might opt to NOT suspend a sentence and instead impose jail time because of a pattern of alcohol abuse

Customer:

can this be add to a prior record score

Customer:

and what about being on bail is there a chance they will but me in jail until my court date

Samuel II :

I suggest they will not revoke your bail or put you in jail pending the trial.

Samuel II :

That would only be revoked if the court thought you were an At Risk to be a Failure to Appear or a harm to yourself and/or others in the community

Samuel II :

And yes, a plea of guilty may certainly be used as a conviction against you

Samuel II :

Which is why I suggest the court may not give you probation

Samuel II :

Of course, it is up to the District Attorney to decide what type of sentence would be appropriate.

Samuel II :

Since you did a voluntary rehab, maybe you should enroll again

Customer:

I am looking at jail time for the second dui and just got out of rehab. I am going back in two weeks.

Customer:

But for ptsd this time

Samuel II :

to show the Court that you fell off the wagon but back in rehab in good faith

Customer:

the prior record scores in PA give numbers to offense but I can not find anything about scoring for summary offenses

Customer:

My lawyer said they are not even really crimes but infractions and do not get reported to the state police or fbi

Samuel II :

Alright. But you need to have the theft dismissed. That is not a summary offense.

Customer:

no it is a summary charge

Customer:

thet of services under 50 dollars is a summary charge

Samuel II :

My error. What is the amount of the theft

Customer:

35 dollar taxi fare

Customer:

I would really like to know how PA scores summary offenses

Samuel II :

Ok. Let me check on that, please. Thanks for your patience.

Samuel II :

Here is the law

Samuel II :

(g) Excluded offenses, charges and convictions. The following types of offenses, charges and convictions shall not be scored in the Prior Record Score:


(1) Summary offenses, violations of local ordinances, direct or indirect contempt of court, violation of protection from abuse orders, and dispositions under Pa.R.Crim.P. Rules 300—320 (relating to accelerated rehabilitative disposition), 35 P. S. § 780-117 (relating to probation without verdict) or 35 P. S. § 780-118 (relating to disposition in lieu of trial or criminal punishment).


(2) A charge which is nolle prossed, dismissed, or on which a demurrer is sustained.


(3) Any prior conviction which contributed to an increase in the grade of a subsequent conviction, except for prior Driving Under the Influence of Alcohol or Controlled Substance convictions.

Samuel II :

SO given that you are correct, there is no score for the Summary offense as a prior conviction, then it should not be used against you for the DUI sentencing

Customer:

Please explain that to me

Customer:

Ok so it should have really no effect on my dui case

Samuel II :

There is no score. So that means, the DA will not be able to use that to enhance any penalty available for the DUI

Samuel II :

Yes, that is correct. It should not affect the sentencing portion.

Customer:

other than maybe not counting my time in rehad as jail time like they might have done

Samuel II :

Though I suggest you get back into rehab to show good faith.

Customer:

I am going in two weeks but its a ptsd program with some drug treatment

Customer:

and this can not be counted as a probation violation because I am not no it yet

Samuel II :

That should be sufficient. Also thank you for your service and I am sorry that it has caused you the PTSD

Customer:

Sorry I am asking so many questions

Samuel II :

Yes, there is no probation violation.

Samuel II :

Dont worry about the questions. They are good ones

Customer:

Thank you for that I needed help for a long time

Customer:

so what system do you think the police use to look at records

Customer:

is it the state system or do they have a special one

Samuel II :

They use a National Database

Customer:

So the fbi

Samuel II :

It shows all charges and convictions, if there were fingerprints taken

Samuel II :

Yes, FBI

Customer:

So then they will not see it

Customer:

No fingerprints were taken or ordered

Samuel II :

If fingerprints were ever taken on you, then you will be in a national data base

Samuel II :

And any charge placed against you is visible.

Samuel II :

But if you never have been printed, then there is nothing in the system

Customer:

I got printed for the first dui

Customer:

but summaries don't show up

Customer:

because of no fingerprints

Samuel II :

That is correct

Samuel II :

Nothing to match you with

Customer:

if this is true then there might be a good chance they do see it?

Customer:

during pretrial investigation

Customer:

*sentencing

Samuel II :

They can see whatever they want. It can be detected in a court database, even if out of county. Likely though no one is going to dig that deep

Customer:

Thank you so much for your time Head back to rehab and I am just going to keep my mouth shut

Customer:

hope they count my rehab time for jail time and don't see it

Samuel II :

Good luck and yes. That is good thinking and decision making

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21717
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 8 other Criminal Law Specialists are ready to help you

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