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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 37337
Experience:  16 years practicing criminal defense.
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Me and my wife had an argument outside of a macYS. I slapped

Customer Question

hi
JA: Hi. How can we help?
Customer: me and my wife had an argument outside of a macYS. I slapped her and then she slapped me back. Macy's ppl so and called security. Police came, we explained to them that we both were arguing and it got escalated and as a result we slapped each other. The police officer discussed with us and said he is letting us go but I will receive a citation. I received a citation. If I plead guilty, what would happen next? fine/ penalty? If I plead not guilty, what would happen then?
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Pennsylvania. about a week ago
JA: Have you talked to a laywer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no it thought the first time is free
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone whocan. There may be a slight delay in myresponses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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What exactly were you cited for? What does it say on the citation for the criminal violation code?

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Does the citation say it is pre-payable or do you have a court date to go to court?

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thanks

Barrister

Customer: replied 10 months ago.
5503 A1.- thats on the printed paper. charge: disorderly conduct engage in fighting. Thenon the yellow hand written sheet it says 5503, A1, A4. charge: disorderly conduct engage in fighting. There are 2 pages. the first page says summary trial scheduled. the second page has all the options- pleading not guilty and pleading guilty. I called the magistrate office, they said they automatically put not guilty, but informed me that if detach the bottom portion and send it to them saying plead guilty, then judge would decide the fine and I would receive a letter in mail about the fine.
Expert:  Barrister replied 10 months ago.

Ok, good, this means that it is a prepayable citation, which is the lowest severity of offense.

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§ 5503. Disorderly conduct.

(a) Offense defined.--A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

(1) engages in fighting or threatening, or in violent or tumultuous behavior;

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So this is not classified as a "domestic violence" offense which would result in severe repercussions like you losing your gun rights for life..

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Considering the circumstances, this is likely graded as a "summary offense" which is like a traffic ticket and if you plead guilty, a small fine will be assessed, maybe $200 or so, and that would end it. If you plead not guilty and request a trial, then it is up to the DA whether to devote the time and resources to trying to prosecute something like this or rather to just dismiss with a warning. If convicted under a summary offense, it has a maximum penalty of 90 days in jail and/or a fine of $500..

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thanks

Barrister

Customer: replied 10 months ago.
ok, if I plead guilty and eventually pay fine, will it go into my permanent record?
Expert:  Barrister replied 10 months ago.

Yes, but severity-wise, it is about the equivalent of a parking ticket or a ticket for littering..

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thanks

Barrister

Customer: replied 10 months ago.
ok, one last question. At the time of the incident, the police officer had asked ID for both me and wife. Mine address is current one and I received the citation. The address on my wife's license is Pennsylvania and we moved from there to west Virginia a while ago. Although, we had done the USPS mail forwarding thing so that we receive all the mails to the new address. I just want to be sure that my wife also did not get a citation and they might have sent it to the old address. We don't want to miss/loose the citation letter, so just to be 100% sure, should I call the magistrate's office and ask if a citation was also issued for my wife? Would calling them mean "inviting" a citation for my wife? Any harm in calling and asking? Thanks.
Expert:  Barrister replied 10 months ago.

should I call the magistrate's office and ask if a citation was also issued for my wife?

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She should call, definitely.

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Would calling them mean "inviting" a citation for my wife?

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Nope, they don't have any authority to issue something if the officer didn't.

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Any harm in calling and asking?

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None, and it is a good idea considering the address concerns..

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thanks

Barrister

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