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My son was issues a summons for a summary case non traffic.

Customer Question
My son was issues...

My son was issues a summons for a summary case non traffic.

Lawyer's Assistant: In what state did this occur?

Fine was $250 and costs were $167 the summons was issued in PA

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

In State College as he is a student there.

Submitted: 6 months ago.Category: Criminal Law
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Answered in 1 minute by:
12/10/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,908
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Has your son already pled guilty to this? What was his charge and what is your question?

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Customer reply replied 6 months ago
Hi my name is***** charge is alcohol consumption by a minor
Should he plead guilty and just pay the fine as the most simplest route or should he plead not guilty. He has no prior offenses
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

Thank you for the reply. Give me a few minutes to type up your answer.

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Customer reply replied 6 months ago
Hi are you still working on my question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

Yes.

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Customer reply replied 6 months ago
Should we be waiting for your written reply?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

It's going to take longer if you keep making me stop to answer questions like this. If you don't want to wait JustAnswer will email you when I've posted.

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Customer reply replied 6 months ago
Ok. We will wait. Thank you
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

A summary offense in Pennsylvania is something less than a crime. Crimes are misdemeanors and felonies. However, a summary offense is still a criminal infraction and, as such, will still appear on his criminal record.

If your son pleads guilty or no contest to a minor in consumption of alcohol charge, he will be convicted of that crime. He'll likely only pay a fine, but there's a mandatory suspension of his license, even if his car was not involved in this offense -- and the conviction will appear on his criminal history for five years. After that, he would be able to get the matter expunged from his record if he hasn't been arrested for anything else during that 5 year period.

You do the math and you will see that it will be on his record at the very time he'll be looking for employment. THat's not going to help him professionally.

So, he doesn't want to take the easy way out and plead guilty.

More coming up. . . still typiing.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

If he's never been in trouble with the law before, he'll be eligible for Pennsylvania's ARD Program. That stands for Accelerated Rehabilitative Disposition. This is where he ends up being supervised, paying fines, performing some community service, taking anti-alcohol classes and staying out of trouble during his probation period (typically about 6 months). If he does what he should, his case then gets dismissed and he can then get this expunged with no waitiing period.

Although he'd be eligible on a case like this if he hasn't had this disposition before, it's not automatically handed out and it may need to be negotiated for him. To that effect and to protect his rights and his record, it's best that he has a lawyer with him when he goes to court. Also, depending upon the facts and circumstances, if police just made a sweep of an underaged drinking party and picked up all minors whether they had alchohol or not, some of these cases are dismissible and would not involve any penalty at all. A lawyer would be able to see if a dismissal is an option.

Your son can call the DA's office and ask for ARD and perhaps get it. But many DAs won't bargain with an unrepresented defendant anywhere but in court before the judge.

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