I live in Erie Pa, and I just received a non traffic citation/

Thank you for your response and additional information.

Under 18 Pa. CS sec. 6308 the penalty for a first offense underage drinking conviction is a minimum fine of $25.00 and a maximum fine of $300. If you plead guilty or are found guilty, you will be ordered to pay court costs in addition to the fine. Also, on a first offense your driver’s license will be suspended for 90 days on any disposition other than not guilty, nolle prossed (meaning not prosecuted) or dismissed.

Under 18 Pa.C.S. §5503, disorderly conduct is punishable by imprisonment up to 90 days and/or a $300.00 fine. This is not the disposition you are likely to receive, but is the maximum penalty for the offense. Disorderly conduct is typically charged as a summary offense which seems to be how it was charged in your case. However, disorderly conduct can be graded as a “misdemeanor of the third degree if the intent of the actor is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist.”

If you plead guilty to either of these, you will likely have a criminal record that can be found in a criminal record background check.

However, on a first offense you are likely eligible for a preadjudication disposition program which is offered to most first offenders to avoid conviction or guilty plea and avoid the imposition of a fine. Each county offers different programs, however, each usually involves classes, some type of community service and staying out of trouble for 6 months to a year after which time the case is dismissed. However, your license will be suspended even with this disposition. But, this option gives you the opportunity to keep your record clean. You can then have the dismissal expunged.

Once you are cited by the police officer, you will have 10 days to plead “guilty” or “not guilty” to the citation and post the required collateral which is a portion of the fine that you pay in advance. Instructions are on the back of the citation. You may want to plead not guilty and post the required collateral. Once you plead not guilty the magisterial district court will mail you a notice and assign you a hearing date. Your case will be heard in front of the magisterial district judge. You can either try work the case out with the police officer or have a trial in front of the judge.

You may want to consult with an attorney before you decide which course to take. A local attorney would be in the best position to advise you of your options and possible defenses based on the unique circumstances of your case. Any time you are at risk of a jail sentence, even if the possibility is remote, you are entitled to appointed counsel if you cannot afford an attorney. You can contact the court to find out if you would qualify. Also, the PA Bar Assocation offers a referral service where you can obtain a low cost half hour consultation with an attorney, which may be all you need to decide on your next step. They can be found here http://www.pabar.org/public/membership/lrsblurb.asp

Please feel free to ask any follow up questions.