Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My son was cited for 6308 and 5505. This is his first

Customer Question
Second opinion] My son...

Second opinion] My son was cited for 6308 and 5505. This is his first offense. What is the penalty for each charge? What are the consequences of a guilty plea? Is there any chance of a dismissal? Can these convictions be expunged @ 21 yrs of age? Who is privy to these proceedings and does he need legal representation at his appt With the magistate?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Pennsylvania

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Submitted: 8 months ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 1 hour by:
11/19/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,435
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago

Section 6308 is the purchase, consumption, possession or transportation of liquor or malt or brewed beverages by someone under 21 years of age. It is a summary offense, which means it is something less than a crime, a criminal infraction which is the equivalent of a criminal court traffic ticket. Crimes are misdemeanor or felonies. The penalty for this crime is just a fine, which can be up to $500 and a suspension of your son's driving privileges

Section 5505 is public drunkennes, another summary offense punishable as above.

Assuming your son takes the easy way out -- and I'm not suggesting it -- and goes in and pleads guilty to these charges and pays a fine, he can still say he has never been convicted of a crime and he would be eligible to get the case expunged in 5 years from the conviction, provided he has no further contact with the criminal justice system.

It would be better for him to show up with a lawyer who may be able to get the charges dismissed, depending on the facts and circumstances of the case and keep his license from being suspended. But even if he can't, the lawyer would likely be able to get your son into ARD -- Accelerated Rehabilitative Disposition -- where he serves a term of probation, pays fines, does some community service, stays out of further trouble with the law, after which, the charges would be dismissed and could be expunged without a waiting period.

All court proceedings are open to the public. There's a constitutional right to a lawyer on criminal cases for a reason. Criminal matters if handled incorrectly or unwisely can have lifetime repercussions. Your son is a young man with his whole personal and professional future yet ahead of him. Get him representation.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,435
31,435 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,153 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,984 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,638 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,255 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
My son was cited for 6308 and 5505. This is his first
My son was cited for 6308 and 5505. This is his first offense. What is the penalty for each charge? What are the consequences of a guilty plea? Is there any chance of a dismissal? Can these conviction… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I am trying to figure out my status and outcomes of underage
Hi, I am trying to figure out my status and outcomes of underage consumption of alcohol in Pennsylvania. … read more
Ray
Ray
Lawyer
Doctoral Degree
33,407 satisfied customers
My son got a non-traffic citation/summons for disorderly
my son got a non-traffic citation/summons for disorderly conduct - uneasonable noise. it does not identify a fine. just has a $10.00 on the citation itself for something. Does he need legal representa… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,617 satisfied customers
My son received a summons for summary case non-traffic in a
My son received a summons for summary case non-traffic in a small college town in PA. The citation is for peace and good order (he was visibly intoxicated but of legal age). The officer told him to pl… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,435 satisfied customers
I recieved a citation in PA on st patties day. I have never
I recieved a citation in PA on st patties day. I have never been in trouble before and iam 51. I can have this on my record I could loose my job. There was no breathalyzer done. I pleaded not guilty. … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I live in Erie Pa, and I just received a non traffic citation/
I live in Erie Pa, and I just received a non traffic citation/ summons for underage drinking, section 6308, and disorderly conduct for urinating in public or as the officer put it "with intent to caus… read more
MyraB
MyraB
Attorney at Law
JD
367 satisfied customers
My 18 year old college freshman son and a college friend were
My 18 year old college freshman son and a college friend were each cited with a misdemeanor California code CCR14 630 B 7, for climbing on the Morro Bay Rock at Morro Bay, Ca. My son has never been in… read more
Brent Blanchard
Brent Blanchard
Solo Practitioner
Doctoral Degree
1,964 satisfied customers
I had a midemeanor attempted destruction of property in 1992.
I had a midemeanor attempted destruction of property in 1992. I had a midemanor conviction in 2008 for making a false police report. after doing community service the later conviction was dismissed. w… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
I was convicted in Pennsylvania of possession of heroin about
I was convicted in Pennsylvania of possession of heroin about 8 years ago. I am under a Psychiatris care with weekly visits to his office. I suffer from Bi-Polar Condition but I'm am takeing meds dail… read more
LegalEase101
LegalEase101
Attorney
Juris Doctor
1,763 satisfied customers
My 19 year old son was cited for the following PURCHASE, CONSUMPTION,
My 19 year old son was cited for the following: PURCHASE, CONSUMPTION, POSSESSION OR TRANSPORTATION OF LIQUOR OR MALT OR BREWED BEVERAGES BY A MINOR Section 6308 of the Pennsylvania Crimes Code (Title… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My son was issued a citation for under age drinking (consuming
My son was issued a citation for under age drinking (consuming 4 beers) at college party. He is scheduled to appear at the Magisterial District Court. Should we have a lawyer present?… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,435 satisfied customers
my boyfriend was arrested 4 years ago, drug case. He spent
my boyfriend was arrested 4 years ago, drug case. He spent 3 weeks in jail, posted bail and then was given 4 yrs of probation that he completed without any problems at all. Now he just wants to get hi… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
9 satisfied customers
Pennsylvania Law, Expungement for ist offense misdemeanor
Pennsylvania Law, Expungement for ist offense misdemeanor shoplifting and completion of STOP program- What are requirements for eligibility?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
my son was given a citation charge is s 18 5503 ssA4 disorder
my son was given a citation charge is s 18 5503 ssA4 disorder conduct hazardous/physical off- sumary on april 22nd and he paid the charge. He and his friend were shooting a be-be gun in his friends ba… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,617 satisfied customers
how long does it take to expunge a felony from my record,its
how long does it take to expunge a felony from my record,its 10yrs old. how much would it cost,and will this allow me to own a firearm?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,617 satisfied customers
i was arrested 30 years ago on a drug charge.is there anyway
i was arrested 30 years ago on a drug charge.is there anyway to get that remove from my record.… read more
Lawgirl
Lawgirl
Founder
Doctoral Degree
4,606 satisfied customers
I got an underage this past weekend at Penn State. I will be
I got an underage this past weekend at Penn State. I will be 21 in two months. The officer gave me a paper about pleading guilty and enrolling in a class if it is my first offense to get the record ex… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,153 satisfied customers
i was charged with a felony count of intent to ...
i was charged with a felony count of intent to deliver, and sales (weed) in 1993. Know my question to you is, is it at all possibe in the state of pennsylvania to either get this record sealed or at l… read more
Moe Manser
Moe Manser
President
Bachelor's Degree
92 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x