My 19 yr old son in college and living off campus, recieved…

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My 19 yr old son in college and living off campus, recieved…

My 19 yr old son...

My 19 yr old son in college and living off campus, recieved a summons for a summary case non-traffic in Altoona Pa. Actully two, one for harassment and one for disorderly conduct . My lawyer is not returning my calls, so I thought i'd try this site.
Basically he was in a fight with his roomate and two nieghbors from across the breezway.

I would like to just pay the fee's and forget about it, but I'm afraid that this may go on his permenet record and could hurt his chances when he eventually looks for a job.

1. What happens if he pleads guilty?

2. If he pleads not guilty. Can he make a deal with the prosecutor and get the charges expunged from his record?

3. Does pleading not guilty make maters worse, where they throw the book at you?

Thanks in advance

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Customer reply replied 9 years ago

psimmons, Thanks for the quick reply.

So, His best bet is to plead not guilty,then contact the prosecutor and make a deal with him,for the adjundcation alternative program. Then go to arraignment, change plea to guilty, do public service or probation. Then record will be wiped clean.

Sounds a bit round about, or am I not grasping this court stuff

What is the incentive for the prosecutor to likely to offer him a deal? Especially if you plead guilty. And if prosecutor does offer a deal, at what stage would this happen? How would they contact him? or is it my sons responsiblity to contact the prosecutor's office?

Sorry if I seem a bit paranoid, but the law enforcement in that part of the country is kinda scary.

Customer reply replied 9 years ago

Hey Psimmons,

Your answers have been very helpful.I did fail to mention that I must send in the mail in plea today along with a check for fines and cost. As it's been 10 days since recieving it.I think you are talking about a diferent time that a plea is made.

I will have my son enter a not guilty plea on this form and see how it goes. Actually my son will deliver it to the magistrate office in person today.

Just an FYI the kid that started the whole mess(started the fight and called the cops) is haveing a summary trial tomorow. My kid is subpenaed as a witness for the state. He should learn a few things there. Maybe they drop the whole thing. Wonder how they got that into court so fast, as we just got the paperwork ?

Thanks again

Criminal Lawyer: P. Simmons, Lawyer replied 9 years ago

This sounds like a "summary offense"...not criminal...does it specify on the ticket if its a misdemeanor?

Customer reply replied 9 years ago

No,

It says summary case non-traffic.

Whats the difference?

Criminal Lawyer: P. Simmons, Lawyer replied 9 years ago

ahh...sorry, I missed that your first post...I was under the assumption that this was a misdemeanor case...but it seems not. Just a moment please.

Customer reply replied 9 years ago

Just one more question

He will plead guilty and pay the fine. Then how would he go about getting a request that a conviction at a summary offense be expunged (sealed) if 5 years goes by with no other law enforcement charges.

Thanks again

Criminal Lawyer: P. Simmons, Lawyer replied 9 years ago

Sure.

He would file a request with the court of common pleas in the county where this happened. The court would hear the case and determine if sealing the record is the appropriate result.

He would do best to have an attorney assist with this.

P. Simmons, Lawyer

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Customer reply replied 9 years ago

OK Thanks

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Criminal Lawyer: P. Simmons, Lawyer replied 9 years ago · Answer 1

Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

Most criminal cases plea guilty. That is how the system works. And in return for a plea of guilt, the prosecutor will typically offer some sort of "deal"...and incentive to get the defendant to waive their constitutional and state granted rights to enter a plea of guilt.

The real question will be "what is the deal"...what will the prosecutor in Altoona, PA offer?

Lets try and address your questions in order
1. What happens if he pleads guilty?
If he enters a plea of guilt, he will be found guilty. What you describe are misdemeanor charges...so he would have a conviction (convictions if he pleas to both charges). Its also likely the court would order some form of probation and perhaps a fine. If this is his first offense, its not likely he would get jail time at all.

2. If he pleads not guilty. Can he make a deal with the prosecutor and get the charges expunged from his record?

Yes. This is possible. Its referred to as "adjudication alternative program" in PA...its a program for first time offenders that allows a plea of guilt, and after the conditions of sentence are complete, the charge is dismissed...so there is no conviction.

To get this, he needs to have the prosecutor agree. The good news is that if the prosecutor will agree, then he can get this "deal"...and it may be he can negotiate this himself (and not need to hire an attorney). When he shows up to the arraignment (first time in court) the prosecutor will likely offer him some "deal"...if he is satisfied with that deal...he can take it. If not, he can hire an attorney and continue one.

3. Does pleading not guilty make matters worse, where they throw the book at you?

No, a plea of guilt will not necessarily "make it worse"...in fact, the plea of guilt is considered "mitigating" in and of itself...so it can be viewed as a good thing.

That said, a plea of guilt waives many important rights...so it should not be taXXXXX XXXXXghtly. As I explain above, it may be he gets the deal he wants up front...but if not, consider hiring an attorney to help him through this mess.

Let me know if you have more questions

Criminal Lawyer: P. Simmons, Lawyer replied 9 years ago · Answer 2

The contact with the prosecutor, I bet, happens PRIOR to the plea. For a minor case like this, typically the prosecutor will approach him PRIOR to him appearing in front of the judge. They offer the deal up front. Again, this is before he stand before the judge.

IF he likes the deal? Great...he can take it and move on. Typically they would offer a "pay the fine and move on" deal...they may offer the adjudication alternative program but then again they may not. Your son can "counter offer" and ask for this program...but typically the prosecutor is not going to negotiate at this point.

Regardless, if he gets the deal he wants, then when his "name is called" and he stands before the judge, he pleas guilty at that point for the "deal"

Its only if he does not want the deal offered by the prosecutor will be be arraigned and enter a plea of not guilty.

The incentive for the prosecutor to "deal" is to move cases. 90+++% cases plea. If they did not...if every case went to trial??? The system would break. The cases have to deal...a large portion, to allow the system to work.

So there is an incentive.

But its limited...if the prosecutor has the evidence, he or she can prove the case, then they typically will not give as great a deal as if there a problems with the case.

This seems a minor case. I would expect a deal that involves no probation and a fine alone.

And finally, your son can hire a local attorney to help him navigate this mess if he has any concerns about the process or potential "deals". If he does this, the attorney would contact the prosecutor prior to the court date to see what the "deal" will be.

Let me know if you have more questions...happy to help if I can

Criminal Lawyer: P. Simmons, Lawyer replied 9 years ago · Answer 3

PA has a "lower" forum...lower than a misdemeanor. Its called a "summary offense".

There is no "plea deal" involved in such a case...mostly since they are so minor. Its still technically a criminal violation, but there is no chance of jail (if they are asking you to mail in your fines they are not seeking jail).

The good news is that in PA, you can request that a conviction at a summary offense be expunged (sealed) if 5 years goes by with no other law enforcement charges.

So, the information about going to the court and meeting with the prosecutor is not correct. That is for a misdemeanor (more serious) charge. For this summary offense charge, he can either pay the fine or request a hearing to fight the charges.

Let me know if you have more questions

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