Criminal Law Questions? Ask a Criminal Lawyer.
HelloMy 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?
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
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.
What kind of affect could it have
Will they take away my bail?
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
can this be add to a prior record score
and what about being on bail is there a chance they will but me in jail until my court date
I suggest they will not revoke your bail or put you in jail pending the trial.
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
And yes, a plea of guilty may certainly be used as a conviction against you
Which is why I suggest the court may not give you probation
Of course, it is up to the District Attorney to decide what type of sentence would be appropriate.
Since you did a voluntary rehab, maybe you should enroll again
I am looking at jail time for the second dui and just got out of rehab. I am going back in two weeks.
But for ptsd this time
to show the Court that you fell off the wagon but back in rehab in good faith
the prior record scores in PA give numbers to offense but I can not find anything about scoring for summary offenses
My lawyer said they are not even really crimes but infractions and do not get reported to the state police or fbi
Alright. But you need to have the theft dismissed. That is not a summary offense.
no it is a summary charge
thet of services under 50 dollars is a summary charge
My error. What is the amount of the theft
35 dollar taxi fare
I would really like to know how PA scores summary offenses
Ok. Let me check on that, please. Thanks for your patience.
Here is the law
(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.
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
Please explain that to me
Ok so it should have really no effect on my dui case
There is no score. So that means, the DA will not be able to use that to enhance any penalty available for the DUI
Yes, that is correct. It should not affect the sentencing portion.
other than maybe not counting my time in rehad as jail time like they might have done
Though I suggest you get back into rehab to show good faith.
I am going in two weeks but its a ptsd program with some drug treatment
and this can not be counted as a probation violation because I am not no it yet
That should be sufficient. Also thank you for your service and I am sorry that it has caused you the PTSD
Sorry I am asking so many questions
Yes, there is no probation violation.
Dont worry about the questions. They are good ones
Thank you for that I needed help for a long time
so what system do you think the police use to look at records
is it the state system or do they have a special one
They use a National Database
So the fbi
It shows all charges and convictions, if there were fingerprints taken
So then they will not see it
No fingerprints were taken or ordered
If fingerprints were ever taken on you, then you will be in a national data base
And any charge placed against you is visible.
But if you never have been printed, then there is nothing in the system
I got printed for the first dui
but summaries don't show up
because of no fingerprints
That is correct
Nothing to match you with
if this is true then there might be a good chance they do see it?
during pretrial investigation
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
Thank you so much for your time Head back to rehab and I am just going to keep my mouth shut
hope they count my rehab time for jail time and don't see it
Good luck and yes. That is good thinking and decision making