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

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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: 5 months ago.Category: Criminal Law
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Answered in 1 hour by:
11/19/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 5 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,052
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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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.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 5 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.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 5 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.

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