UAD Citation - PA....legitimacy?

[marvelous15]

What is the name of your state? PA - Hey, new to the forum. I'm an 18 yr old college student in PA. I was at a party that got raided by the city cops and broke the party up. On the way out, myself and other students/friends were asked if we were drinking. I admitted yes, and said 4 or 5. The police officer took my student ID and looked my identity up in the college's student directory to conform it. They asked for my birthday and told them I was 18. The cop scribbles some stuff in the student directory around my name and said to leave, and I will be receiving a "citation" in the mail. I know first time offenders in PA (for residents, like I am), theres a $300 fine and a suspension of drivers license for 3 months. Three or four other off campus parties were raided in the same manner. At least 150 other students in the small town were "cited" for underage drinking in the small town of less that 75,000 people. I really wonder if I have a case here because they didn't write a citation in front of me, nor tell me what my sitation was for. Also, how can information written on unofficial police documents be used for a citation. Just want some advice.


Bob
marvelous1_555@hotmail.com

 

[Bravo8]

You go to ESU in East Stroudsburg? Just a guess....I read the other day that 150 or so underage drinking citations were issued recently.

Anyway, the officer has no obligation to directly issue you the citation, especially in such a large-scale operation as that. It is acceptable for the officer to file the citation with the District Justice and the DJ will mail you a copy certified mail.

I'm not sure what you are asking when you say "unofficial police documents".

 

[marvelous15]

PA - I go to school in Lancaster. My main question is that can an officer write a citation for me by not even writing it in front of me, and only getting my name in the student directory, its like the campus phone book. Can the fact of putting checks and stars by my name really constitute for the fine/citation. Also, there are litigations circling that the house did not have liable cause to be raided but not sure. But can something be issued like a warning? I really don't think the Lancaster Co. court will want to hear 200 appeal cases. Also, other people admitted to drinking under the age of 21 and were told to leave, and were not informed of getting a citation.



Thanks
Bob

 

[marvelous15]

more information

PA - More information has been presented to me by the school about my case. Are their any possible police proceedings or loopholes of the PA Pennsylvania Crimes Code 6308 where I won't have to face these charges after admittance to drinking? I am definitely going to get a lawyer if I receive the citation. I am more than willing to pay lots of money for a lawyer and get the charges cleared in court or whatever. I really cannot afford to lose my driver's license for 3 months, and at least need a way out of that penalty. I've been doing research on the internet and can only find what the UAD law is, not any specifics about how it is to be forced. Also, if the police raid occured because of a 12:30am "random" fire marshall inspection and found underage drinking to be taking place by a fire marshall w/ 2 undercover cops, is this reasonable to draw probable cause to barricade the house since the manifest was to check for fir code violations, not underage drinking. 1 last thing, if people admitted to drinking and did not receive a citation, is there a way I could use their testimony as unfair police proceedings, or can it get them in trouble. I've got myself into a huge mess, and I would appreciate any help.
Thanks
Bob
marvelous1_555@hotmail.com

 

[marvelous15]

PA - Hello. I've been presented with more information on this case, and also have some legal advice, but I'm still not sure where to go with this.

-Can the charges be thrown out if the citation is not issues within 30 days of my incident?
-Some people at my school that did not admit to drinking, asked if they were drinking, and did not take and fail the eye test where you follow an object roughly a foot in front of your face. I have not received a citation as of yet and was wondering on the statue of limitations or whatever is applicable.
-Can some disrict justices reduce the charge in PA, an example is like community service, probation, or disorderly conduct? Not sure what exacpt panalties are for conduct though.
-Should I seek an attorney? Is it worth fighting if I know other people at the same party who admitted to underage drinking do not get a citation and I do?
-Will calling the police station to see if I'm being cited arise any bad suspicions?

Questions of friends that are cited:
-Will I need to obtain a police report if I plead not guilty or should the description of why I was cited be on the citation itself?
-Can using information that is normally only obtained through private means (i.e. student directory) since the school is a private institution help throw the case out?
-Finally, does issuing officer of a citation have to appear in court, or any cop from the bust?


Thanks.
Any answers to any of my questions are highly appreciated.

 

[Bravo8]

The Statute of Limitations on summary offenses issued under the Crimes Code (Title 18) is 2 years. The 30 day requirement is only for the Vehicle Code (Title 75).

The DJ only has control over the amount of the fine. He or she cannot reduce the charge. However, the issuing officer can withdraw the citation and file one for disorderly conduct or whatever.....that's something you would have to request of the officer. In other words, you could offer to plead guilty to DC instead of the Underage drinking. Of course, I wouldn't offer this until you have received a citation and pled not guilty.

 

[marvelous15]

PA- Got some advice from my lawyer. He told me to show up in court, not testify, and bring 2 or 3 other guys with me. The lawyer will then ask the cop if he can identify me, if he can't, can the underage drinking charges be dropped? Already pleaded not guilty, just working on my defense. Any tips/suggestions/comments are appreciated. Thanks

 

[Bravo8]

You could try it, but what if the officer identifies you?

 

[marvelous15]

PA. I was just wondering if I get the charges changed to disorderly conduct for example, I know the range of the fine is between $25-600, but is this offense considered a 3rd degree misdemeanor or a summary offense, or does it depend on its severity? If this is the case, what are the odds that this could be expunged from my record....or do most employers/professional schools only emphasize serious misdemeanors, or do I need to get this expunged?

 

[Bravo8]

DC can be classified as two gradings of offense.

DC is generally a Summary Offense, and carries a fine up to $300 plus costs and / or 90 days in jail.

Depending on the circumstances surrounding the offense, it would also be classified as a Misdemeanor 3. In order to qualify as such, you would have had to continue in whatever action was considered disorderly after being told to knock it off.

If you plead to DC, it would be the Summary charge.

 

[mmichutka]

Personal experience

I also went to school in PA and was busted for underage drinking. My mom punished me by not hiring a lawyer so this is what happened to me. If you plead guilty and go before the Lancaster Magistrate, all fines will be dropped except for the court fee if you agree to go through classes. I'm not sure if they are the same in Lancaster as they are in Indiana but I was required to enroll in ARIN. It's boring but it you don't have to pay a bunch of money. Additionally, your license is suspended for 90 days.

I have heard from friends who hired lawyers that they were able to have the suspension reduced or gone completely but were still required to pay fines and go to ARIN classes. The suspension the license stays there for approximately 3 years; however with PennDOT, you never really know.

Good Luck!