Frequently Asked Questions

  • Can I be removed from ARD if…….?

    What Happens If You Violate ARD in Pennsylvania? Accelerated Rehabilitative Disposition (ARD) is a pretrial diversion program in Pennsylvania designed to give first-time, non-violent offenders a second chance. However, participating in ARD does not automatically result in a dismissal of charges. Instead, it provides the opportunity for a case to be dismissed and expunged upon successful completion of the program. While enrolled in ARD, the district attorney (DA) is prohibited from prosecuting the charges. But if a participant fails to meet program requirements or violates ARD conditions, the DA can remove them from the program and resume criminal prosecution. ARD... Learn More

  • Can I appeal a denial of ARD?

    Who Decides ARD Eligibility in Pennsylvania? In Pennsylvania, it’s not the judge—but the district attorney (DA)—who decides whether a person is approved for Accelerated Rehabilitative Disposition (ARD). To be considered for the program, a defendant must submit a formal ARD application or request to the county prosecutor. If the DA approves, the person is admitted into ARD with the judge’s sign-off. But what happens if the prosecutor denies the request for ARD? Can You Appeal an ARD Denial? Many people assume that a judge has the final say in all matters, but when it comes to ARD eligibility, that’s not... Learn More

  • Must I report criminal charges to a PA licensing board?

    Do I Have to Report ARD or Criminal Charges to My Professional Licensing Board in Pennsylvania? Yes—most likely.As of April 15, 2018, Pennsylvania law requires professionals licensed through the Bureau of Professional and Occupational Affairs (BPOA) to report certain criminal case outcomes to their licensing board. This includes: Acceptance into ARD (Accelerated Rehabilitative Disposition) A guilty verdict A plea of guilty or nolo contendere Admission of guilt Acceptance of Probation Without Verdict (PWOV) The requirement was established under Public Law P.L. 14, No. 6, and applies to both felony and misdemeanor charges. When Do I Need to Report? The key... Learn More

  • Do I Need to Report Expunged Charges on an ARD Application?

    Do I Have to Report Expunged Charges on a Pennsylvania ARD Application? When applying for Accelerated Rehabilitative Disposition (ARD) in Pennsylvania, many applicants are surprised to learn that the application may require disclosure of prior criminal charges—even those that have been expunged or sealed. Understandably, people fear that disclosing past incidents could result in denial of ARD, and some may be tempted to lie. However, doing so can lead to serious legal consequences. Lying on an ARD Application Can Lead to New Charges Almost all ARD applications include a certification clause, where the applicant signs under penalty of law that... Learn More

  • What happens if I violate ARD conditions or fail to complete requirements?

    ARD Revocation for Violation of Program Successful completion of ARD allows a person to have charges dismissed and expunged, but what happens if a person fails to complete the ARD requirements or violates a condition. People often violate ARD by getting arrested and having new criminal charges filed. Many people also fail to complete requirements like community service, DUI classes, counseling, or payment of ARD fees by the deadline.  In either situation, the district attorney may ARD termination paperwork with the court to have the person removed from ARD. If the person is removed, the district attorney would then resume... Learn More

  • What are the requirements for the ARD program?

    What Are the Requirements of the ARD Program in Pennsylvania? Accelerated Rehabilitative Disposition (ARD) is a pretrial diversionary program offered in Pennsylvania that allows eligible first-time offenders to resolve their charges without a conviction. While ARD results in the dismissal and potential expungement of criminal charges, it comes with mandatory conditions that participants must successfully complete. ARD Participants Must Accept Certain Conditions When someone is approved for ARD, they plead not guilty but agree to complete a set of court-ordered requirements in exchange for avoiding a criminal conviction. These requirements vary by county and by the type of criminal charges... Learn More

  • What is ARD?

    What Is the ARD Program in Pennsylvania? The Accelerated Rehabilitative Disposition (ARD) program in Pennsylvania is a pretrial diversionary program designed primarily for first-time, non-violent offenders. Participants plead not guilty to criminal charges but agree to complete certain conditions imposed by the court. If all ARD requirements are successfully met, the individual can then petition the court for a dismissal and expungement of the charges. What Are the Conditions of the ARD Program? The “punishment” component of ARD typically includes: Supervision by the probation department Counseling or treatment programs (e.g., alcohol, drug, anger management) Payment of court costs and program... Learn More

  • Can I get ARD for my DUI charge?

    ARD Eligibility for DUI Charges in Pennsylvania If you’ve been charged with Driving Under the Influence (DUI) in Pennsylvania, you may be wondering if you qualify for Accelerated Rehabilitative Disposition (ARD). ARD is a pretrial diversion program that can result in dismissal of DUI charges and eventual expungement of the arrest record. However, ARD is a privilege—not a right—and eligibility is determined by both state law and prosecutor discretion. Legal Disqualifications for ARD in DUI Cases Under 75 Pa.C.S. § 3807, you are not eligible for ARD in Pennsylvania for a DUI if any of the following apply: You have... Learn More

  • Why do charges appear on a background search after I completed ARD?

    Expungement After ARD Is NOT Automatic in Pennsylvania Many people mistakenly believe that successful completion of ARD (Accelerated Rehabilitative Disposition) automatically leads to the expungement of criminal records. Unfortunately, that is not the case. You Must File for Expungement After ARD Completion Even after completing all ARD requirements—such as probation, classes, community service, and paying court fees—the charges are not dismissed or expunged automatically. To remove the case from your criminal record, you must file a formal expungement petition with the Clerk of Courts in the county where the charges were filed. In most Pennsylvania counties, the courts do not... Learn More

  • My criminal charges were expunged, why did they appear on a background search?

    Expungement Limited to Government Records In many situations, the problem is that the person completed ARD and assumed that completion resulted in the automatic expungement of the case.  Regrettably, that is not how the process works in Pennsylvnaia.  Successful completion of ARD gives a person the ability to expunge, but the expungement process requires that an expungement petition be filed with the Clerk of Courts in the county in which the case was handled.  The good news is that this problem can be fixed by filing the required paperwork. Expungement petitions do not need to be filed immediately upon ARD... Learn More

  • Do I need a lawyer to get ARD?

    “He Who Represents Himself Has a Fool for a Client” – Why Hiring a Criminal Defense Lawyer Matters Abraham Lincoln once said, “He who represents himself has a fool for a client.” As one of America’s greatest presidents—and a lawyer himself—Lincoln understood that legal representation is not a DIY task. Do You Really Need a Criminal Defense Attorney? Legal problems, like car repairs or electrical issues, vary in complexity. You don’t need a mechanic to inflate tires or an electrician to plug in a lamp—but you do need professionals when the consequences are serious. Would you replace your own brakes... Learn More

  • Why I am being charged with Assault when it was self-defense?

    It was self-defense This is a common question.  The problem is that the other person is probably also claiming self-defense.  There are two sides to every story.  There often is not video proof as to who pushed first or who threw the first punch.  In many cases, the person that calls the police first is labeled the "victim," the victim's story is accepted by the police, so the other person is charged with assault or disorderly conduct.  Real life investigations are NOT like what you see on the show CSI.  The police do not always have forensic evidence to review... Learn More

  • Why was I charged with Aggravated Assault and not just Simple Assault?

    In Pennsylvania, Aggravated Assault is a felony and Simple Assault is a misdemeanor.  The difference between the charges is whether or not the injury was just a "bodily injury" or was it a "serious bodily injury."  The "victim" in the case also impacts the charge.  If the victim was a on a protected list, like a judge, teacher, fireperson, EMT, or police officer, then a normal Simple Assault charge increases to a felony of Aggravated Assault. Serious Bodily Injury Aggravated Assault generally requires that the defendant either caused or intended to cause a "serious bodily injury," and a charge of... Learn More

  • Why didn’t the police talk to me to get my side of the story in the assault investigation?

    Many people watch TV shows like Law & Order or CSI and believe that the TV shows truly depict what happens in the criminal justice system.  TV is not real life.  Police do not always conduct a thorough investigation, interview everyone, gather all forensic evidence, and then prosecute the right person.  In many cases, there is no video or neutral witnesses.  It is one side versue the other side, and the police generally pick which side is the "victim" and which side will be the "defendant," and the investigation proceeds in that manner.  The victim is believed, and the defendant... Learn More

  • Do I have to prove self-defense at trial, or does the district attorney have to prove that I didn’t act in self-defense?

    Centre County Criminal Trial Attorney Self-defense, also called "justification" in Pennsylvania, is an affirmative defense.  This means that the person charged with Simple Assault or Aggravated Assault must present some evidence to show that self-defense was used.  The evidence can come from whatever source, meaning other witnesses or directly from the person.  The person charged with assault does not need to actually prove that he or she  acted in self-defense, but the person must present some evidence that supports the defense. If some evidence is presented, then the district attorney must prove beyond a reasonable doubt that the person did... Learn More

  • How can I be charged with assault if the victim did not suffer a bodily injury?

    Pennsylvania assault charges do not require an actual injury.  Assault charges can also be based upon a person's intent to cause an injury.  How do the police or a prosecutor know someone's intent?  By the person's statements and actions. Consider this hypothetical - a husband finds his wife's boyfriend, threatens to kill him, husband then swings a bat at the boyfriend's head, but the boyfriend ducks so that he is not hit.  The husband could be charged with Aggravated Assault because his statements and his actions show that he had an intent to cause serious bodily injury.  Swinging a bat... Learn More

  • I have never been in trouble before, am I eligible to participate in a first-time offender program like ARD for my assault charges?

    State College First Time Offender Programs and Assault Charges There is a difference between being eligible under the law and actually being approved for ARD by the judge.  There is no law or rule that legally prohibits a person charged with assault, either Aggravated or Simple Assault, from being approved for ARD.  That does not mean that a district attorney is required to allow ARD if the person has never been in trouble before.  For more information about the ARD consideration process, check out this page. Factors that the district attorney will consider are whether or not the defendant has... Learn More

  • Marijuana is legal in the state in which I reside and I have a permit to possess it, so I how can I be charged with illegal possession of marijuana in Pennsylvania?

    Possession of Marijuana Attorney State College By Jason Dunkle on G+ Every state has criminal laws that control what can and cannot be done within that state's boundaries. While marijuana possession and use is legal in some states, possession is not permitted in the state of Pennsylvania. Even if a person has a valid prescription for marijuana in California, said prescription does not permit a person to possess marijuana in the state of Pennsylvania. Under Pennsylvania law, it is a misdemeanor offense to possess marijuana, and whether or not a person is prosecuted is at the discretion of the prosecution... Learn More

  • Can I get ARD for a felony drug charge?

    Can You Get ARD for a Felony Drug Charge in Pennsylvania? Accelerated Rehabilitative Disposition (ARD) is a pretrial diversion program in Pennsylvania that allows eligible individuals to avoid a criminal conviction, complete court-ordered requirements, and then petition for an expungement of all charges. ARD is typically available to first-time offenders and is commonly used in non-violent misdemeanor cases, such as: DUI (Driving Under the Influence) Underage drinking Furnishing alcohol to minors Misdemeanor marijuana possession But what about felony drug charges? Can someone charged with possession with intent to deliver or drug delivery qualify for ARD? ARD for Felony Drug Cases: Possible... Learn More

  • How can I be charged with possession with intent to deliver when the police only found a small amount of drugs?

    Felony Possession With Intent to Deliver vs. Misdemeanor Personal Use in Pennsylvania When it comes to drug possession charges in Pennsylvania, one of the most important distinctions is intent. The same quantity of drugs can result in very different criminal charges depending on whether the drugs were possessed for personal use or for the purpose of distribution. Personal use = typically a misdemeanor offense Intent to deliver = prosecuted as a felony Understanding the difference between these two classifications can mean the difference between eligibility for a diversionary program like ARD or facing serious prison time and a permanent criminal... Learn More

  • Is an officer’s belief or suspicion that an odor of marijuana was coming from a Penn State dorm room or State College apartment sufficient “probable cause” to justify issuance of a search warrant?

    Possession of Marijuana Criminal Defense AttorneyBoth the Pennsylvania and United States Supreme Courts have held that the odor of marijuana is sufficient to allow the police to request and receive a search warrant. More specifically, in 1948, the United States Supreme Court stated in the case of Johnson v.United States that "if the presence of odors is testified to before a magistrate and he finds the affiant qualified to know the odor, and it is one sufficiently distinctive to identify a forbidden substance, this Court has never held such a basis insufficient to justify issuance of a search warrant." Penn... Learn More

  • How can the district attorney attempt forfeit money that they cannot prove was the proceeds of illegal activity?

    Civil Asset Forfeiture in Pennsylvania Drug Cases: Can the State Take Your Money or Property? In Pennsylvania, individuals charged with drug delivery or distribution offenses may face more than just jail time and fines. The district attorney or Pennsylvania Attorney General can also pursue civil asset forfeiture, which is a separate legal process used to seize cash, vehicles, homes, and other property allegedly connected to drug-related activity. This type of action is common in cases involving: Large sums of cash found during a search Vehicles allegedly used to transport drugs Real estate where drugs were stored, grown, or distributed Even... Learn More

  • How can the police obtain a search warrant to search an entire house, apartment, or Penn State dorm room when drugs or drug paraphernalia were only observed in one room?

    Penn State Criminal Defense Lawyer By Jason Dunkle on G+ Generally, the police are permitted to seek and obtain a search warrant that allows them to search an entire single unit dwelling. For example, if the police smell the odor of marijuana coming from a Penn State dorm room, they can obtain a warrant to search the entire dorm room. If the police arrive at an apartment party and see a marijuana pipe on the kitchen counter, they can obtain a warrant to search the entire apartment. While such searches are generally permitted, issues can arise if the apartment or... Learn More

  • How can I be charged with alcohol possession if the officer didn’t test the liquid?

    Forensic Lab Testing Not Required Pennsylvania law prohibits a minor, meaning someone under the age of 21, from possessing "any liquor or malt or brewed beverages." Section 6310.6 of the Crimes Code defines both "liquor" and "malt or brewed beverages," and both definitions require that the liquids "contain more than 0.50% of alcohol by volume." This means that the prosecution must prove beyond a reasonable doubt that the minor possessed a liquid that was .50% of alcohol. Many people, including some attorneys, believe that the police must send a liquid to a forensic lab for testing to determine whether or... Learn More

  • How can I be charged with possession of drugs or paraphernalia when I was not present at my apartment when the search warrant was executed and the items were discovered?

    Centre County Possession of Drugs LawyerPolice officers routinely search residences and apartments for drugs and paraphernalia when few or any residents are present after securing search warrants. If drugs, paraphernalia, or other contraband is found, the police often charge some or all of the residents with possession. A common situation occurs when State College or Penn State police search a dorm room or apartment and find drugs or paraphernalia. If the contraband is found in a bedroom or on one roommate's side of the room, then the police look for evidence as to identity of the occupant of the room... Learn More

  • How can I be charged with possession of drugs or paraphernalia when nothing was found on me and there is no proof that it belongs to me?

    Pennsylvania Misdemeanor Drug Possession LawyerUnder Pennsylvania law, there are two types of possession, actual and constructive. Actual possession is when something is found on a person, such as a wallet being found in a person's pocket. Constructive possession means that a person was aware of the existence of an item and had the ability to exercise dominion or control over that item. As an example of constructive possession that routinely happens in a State College apartment or in a Penn State University dorm room, assume law enforcement obtain lawful entry into the apartment or dorm room and find numerous individuals... Learn More

  • How can I be charged with a felony when I was only growing marijuana plants for personal use?

    Is Growing Marijuana a Felony in Pennsylvania? Under Pennsylvania law, drug possession charges are classified based on the intent behind the possession. If a person is found in possession of a controlled substance for personal use, the offense is typically graded as a misdemeanor. However, if the prosecution believes the person intended to deliver or distribute the drug, the charge becomes a felony offense—referred to as Possession With Intent to Deliver (PWID). But what about growing marijuana? Does intent matter if the person was cultivating marijuana for personal use only? Growing Marijuana Is Always a Felony in Pennsylvania When it... Learn More

  • How can I be charged with delivery of drugs when the only witness was a confidential informant?

    Being Charged with Delivery of Drugs While it may not seem fair or appropriate, criminal charges can be based upon the testimony of another person. Many cases are "he said, she said" or "he said, he said" types of cases. Also, most drug delivery cases are not based solely upon the testimony of confidential informants. Many drug delivery cases in Centre County are the products of "controlled buys" of drugs from drug delivery targets. A controlled buy of drugs is a purchase of drugs by an undercover police officer or confidential informant at the direction and supervision of the police.... Learn More

  • How can I be charged with selling drugs when I did not receive any money?

    Drug Delivery Charges in Pennsylvania – No Sale Required While most people understand that selling drugs is illegal, many mistakenly believe that money must exchange hands in order for someone to be charged with a crime. That is simply not true under Pennsylvania law. In Pennsylvania, it is a felony offense to deliver or distribute a controlled substance, regardless of whether the transaction involved payment or profit. In other words, you can be charged with a felony drug delivery offense even if you gave the drugs away for free. Delivery Does Not Require Sale Under Pennsylvania Law Under 35 P.S.... Learn More

  • How can I be charged with drug delivery if the police did not test the drugs?

    Can You Be Charged With Drug Delivery If the Police Don’t Have the Drugs? Many people believe that in order to be charged with drug delivery or distribution in Pennsylvania, the police must have physical evidence of the drugs. It seems logical—no drugs, no case. However, the law allows prosecutors to pursue felony drug charges even if the police never recovered the actual drugs. This situation often arises in cases involving confidential informants (CIs) or cooperating witnesses who report alleged drug transactions—sometimes years after they occurred. If you're facing charges based on testimony alone, you may be wondering: Can the... Learn More

  • Can I have a felony drug conviction expunged?

    Can a Felony Be Expunged in Pennsylvania? No—unless you’ve been dead for three years or are at least 70 years old and have stayed out of trouble for the last 10 years. As bizarre as that may sound, Pennsylvania law only allows for felony expungement in two very limited circumstances: The individual has been deceased for three years, or The individual is 70 years or older and has not been arrested or prosecuted for at least 10 years since completing their sentence. Outside of those narrow exceptions, Pennsylvania judges are legally prohibited from granting expungements for felony convictions—even if the... Learn More

  • Does a conviction of delivery or possession with intent prohibit gun possession or purchases?

    Felony Conviction = Lifetime Firearm Ban A Pennsylvania charge of drug delivery or possession with intent to deliver is a felony. Under 18 U.S.C. § 922(g), federal law prohibits firearm possession by anyone convicted of a felony. If a convicted felon is found in possession of a gun, they can face new felony charges and severe prison time. Prosecutors often seek aggressive sentencing, including mandatory jail terms for violations of this federal law. Can a Felon in Pennsylvania Restore Gun Rights? Yes—but only through a pardon. Under federal law, anyone convicted of a felony is prohibited for life from owning, possessing,... Learn More

  • What sentence am I facing for a Pennsylvania DUI?

    Mandatory Minimum Sentences for Pennsylvania DUI Convictions A person convicted of Driving Under the Influence in Pennsylvania faces severe mandatory minimum penalties, including jail time, fines, license suspensions, treatment programs and classes, and installation of iginition interlock devices. Mandatory means that a judge is not permitted to impose a less severe sentence. People often hope that they can appear before a judge and ask for leniency, but the judge has no power to reduce a mandatory sentence. The judge may not want to suspend a person's license or may want to allow the person to drive to and from work,... Learn More

  • Can I get a limited license for my Pennsylvania DUI suspension?

    Ignition Interlock Limited License (IILL) Eligibility Most people that accept ARD or are convicted of a Pennsylvania DUI face a mandatory license suspension.  People often need to be able to drive in order to work, take care of children, and attend the counseling or DUI classes that are required.  The Ignition Interlock Limited License (ILL) may be available to allow a person to drive anywhere and at any time.  In the past, "limited" licenses often limited when and where a person could drive, meaning a person could normally only drive to and from work, medical appointments, or religious activities.  Now,... Learn More

  • How long will my license be suspended for my Pennsylvania DUI?

    In Pennsylvania, the penalties for a DUI are primarily based upon the tier level of the offense, the number of prior offenses, and whether the person is convicted or accepts ARD.  There are three levels or tiers of penalties.  For alcohol DUIs, the higher the blood alcohol level, the more severe the punishment.  With a blood alcohol level of less than .10%, the charge is under the first tier and falls under 3802(a).  With a blood alcohol level of more than .10% but less than .16%, the charge is under the 2nd tier and falls under 3802(b).  With a blood... Learn More

  • What is a “prior offense” of DUI in Pennsylvania?

    Determining whether or not a person has a “prior offense” is extremely important in Pennsylvania DUI cases because prior offenses substantially increase the severity of the DUI charge and thereby directly impact the range of sentences, including jail time, fines, and license suspensions, that a person will face.  What is considered a “prior offense” for DUI charges in Pennsylvania has changed over the years.  What may have been the law a few years ago may not be the law of Pennsylvania now. Interpreting 10-Year Look Back Window It must be emphasized that there is a difference between prior offenses for... Learn More

  • Chemical Test Refusal Q+A

    Pennsylvania's "implied consent law" found at 75 Pa.C.S. 1547 and allows a police officer to require that adriver submit to a blood or breath test if the officer has "reasonable grounds" to suspect that the driver is: Driving Under the Influence driving on a DUI-suspended license and may have a alcohol or drug in their body driving with a restricted license but not in an interlock eqiupped vehicle and the person has consumed alcohol Difference in Breath Testing Devices It must be emphasized that there is a difference between a Portable Breath Test (PBT) and a breathalyzer test. A PBT... Learn More

  • What are the ARD requirements for a DUI offense?

    What is the ARD Program for DUI in Pennsylvania? The Accelerated Rehabilitative Disposition (ARD) program is a pre-trial diversion option for many first-time DUI offenders in Pennsylvania. Instead of pleading guilty, the individual pleads "not guilty" but agrees to follow a set of court-ordered conditions. Upon successful completion of ARD: DUI charges can be expunged from your criminal record A notation remains on your Pennsylvania driving record After 10 years, PennDOT is generally required to remove the ARD notation, unless you had a CDL (commercial driver's license) or became a habitual offender 📋 ARD Requirements for DUI in Pennsylvania While... Learn More

  • Why should I consult or hire a lawyer when my blood alcohol level was above the legal limit, so I am clearly guilty of the DUI offense?

    Guilty of a DUI Another commonly held misconception is that a person charged with DUI cannot challenge a case if he or she submitted to a blood test. Admittedly, cases in which the DUI suspect submitted to a blood test and the test evidences a blood alcohol or controlled substance concentration above legal limits are difficult to defend. Generally, in order to win these cases, the defense lawyer must keep the test results from being admitted into evidence at trial. In some cases, the defense attorney may file a pre-trial motion and seek suppression of evidence by arguing that the... Learn More

  • The officer told me that I would get ARD for my DUI charges, so why should I talk to or hire a DUI defense lawyer?

    DUI Defense Attorney The better question is why would you not talk to a lawyer when you are charged with a criminal offense. First, most Pennsylvania criminal defense lawyers offer free consultations, so it will not cost you anything to have an experienced Centre County DUI attorney review your case. Second, while the officer may have been nice, the officer's primary role in the criminal process is to assist the district attorney with the prosecution of the charges against you. If the officer was really that "nice," then why were you charged with DUI as opposed to being driven home... Learn More

  • I was arrested last night for a suspected DUI, submitted to a blood test after being taken to the hospital, but the officer released me without filing any charges or giving me any paperwork. Am I going to be charged with DUI?

    It’s common for individuals arrested for DUI in Centre County and across Pennsylvania to be released without immediate charges. This often causes confusion and anxiety, but there is a simple reason for the delay. Why DUI Charges Are Often Delayed in Pennsylvania In most DUI cases, especially those involving blood tests, the police do not immediately know the driver’s blood alcohol content (BAC) or whether drugs were present in the system. Blood samples are sent to a lab for analysis, and results can take several weeks—or even months—to be processed. Only after receiving the lab results will the police and... Learn More

  • Can the police charge me with DUI if they did not see me driving?

    Yes.  While most people refer to the offense as Driving Under the Influence (DUI), Pennsylvania law is broader than just driving. Under Pennsylvania's DUI statute, it is illegal for a person to:✅ Drive✅ Operate✅ Or be in actual physical control of the movement of a vehicle after consuming enough alcohol or drugs to be impaired. The phrase "actual physical control" is not clearly defined in the statute, but Pennsylvania courts have provided guidance through numerous DUI cases over the years. What is Considered "Actual Physical Control" for DUI Charges? Actual physical control means more than just actively driving the vehicle. A... Learn More

  • Can I have the charges dismissed because the officer did not tell me why I was being arrested and did not Mirandize me?

    Are Miranda Warnings Required During a DUI Arrest in Pennsylvania? Most people are familiar with the famous TV scene where police officers recite Miranda warnings during an arrest. As a result, many people assume that Miranda rights must be read during every arrest—but that’s not always the case, especially in Pennsylvania DUI investigations. In reality, Miranda warnings are rarely given during a DUI stop in Pennsylvania. They typically occur after a suspect is arrested and submits to blood or breath testing. When Do Miranda Rights Apply During a DUI Case? For Miranda warnings to be legally required, two conditions must... Learn More

  • Does completion of ARD for my DUI offense automatically result in the expungement of the charges from my record?

    Expungement of Charges for Completion Successful completion of ARD gives a person charged with DUI the ability to have charges dismissed and expunged. Many people make the mistake of believing that the court or probation department will complete the dismissal and expungement process for them. Centre County, like most counties in Pennsylvania, do not complete the expungement process for a DUI defendant. Instead, the person must file a Motion to Dismiss, and, upon having the charges dismissed, a Petition to Expunge must be filed to have the dismissed DUI charges expunged. If the appropriate paperwork is not filed, then, not... Learn More

  • Can I avoid the license suspension by participating in ARD?

    DUI License Suspension By pleading guilty or being convicted of a Driving Under the Influence charge in Pennsylvania, even a first time offender, most people face a 12 month license suspension.  Many first time offenders are eligible to participate in the Accelerated Rehabilitative Disposition (ARD) Program.  Participation in ARD avoids a conviction and thereby many of the mandatory minimum penalties associated with a conviction, like the mandatory jail time and mandatory fines.  However, with the license suspension, it is not avoided but is instead substantially shortened.  Instead of being a 12 month suspension, most people that accept ARD face a... Learn More

  • What Are Field Sobriety Tests?

    Challenging Field Sobriety Tests in a DUI Case Standardized Field Sobriety Tests (SFSTs) play a critical role in DUI investigations and arrests. According to the National Highway Traffic Safety Administration (NHTSA), research sponsored by the agency led to the development of these tests in 1975, with official implementation in DUI investigations beginning in 1981. What Are Standardized Field Sobriety Tests? During a DUI stop, police officers typically administer three NHTSA-approved Standardized Field Sobriety Tests to determine whether there is probable cause for a DUI arrest: Horizontal Gaze Nystagmus (HGN)This eye test detects involuntary jerking or twitching of the eyes, which... Learn More

  • I have a prior DUI, but the officer only charged me with a first offense DUI. Did the officer make a mistake and can the charge be changed in the future?

    Yes.  In Centre County and many counties across Pennsylvania, most, if not all, DUI charges are filed as first offenses on the Police Criminal Complaint that is filed by the officer with the district court. For people that have prior offenses of DUI within the last ten years, they are happy to see that the charge is a "first offense" and hope that neither the police nor the district attorney discovers the error.  The first and most important issue is that a person charged with DUI should NOT tell the police officer about prior offenses. In the criminal system, a... Learn More

  • I was told that my DUI charges were expunged after I completed ARD, but the DUI charges appeared on a criminal background search. How could this happen and what can be done?

    Charges on a Criminal Background SearchThe prosecuting attorney, the Pennsylvania State Police central repository, and the court are permitted to retain the names and criminal history record information of people charged with DUI and other criminal offenses that completed a pretrial or post-trial diversion or probation program and the court has ordered expungement of the records. The information is only to be used for purposes of determining eligibility for programs such as ARD in the future, identifying persons in criminal investigations, or for determining the grading of subsequent offenses. The information is available to any court or law enforcement agency... Learn More

  • I refused the blood test? How can I be charged with a DUI?

    Charged with DUI in Pennsylvania Without Blood Test Results? Here’s What You Need to Know Many DUI charges in Centre County and across Pennsylvania are based on blood or breath test results showing a driver’s alcohol concentration or the presence of controlled substances. But what happens when a DUI suspect refuses a blood test or no scientific evidence is available? In those cases, Pennsylvania law still allows police to file DUI charges based on evidence that the person:✅ Consumed alcohol or drugs✅ Was rendered incapable of driving safely as a result This type of DUI, often called an "impairment-based DUI,"... Learn More

  • How can I be charged with DUI when I was riding a bike and not driving a vehicle?

    The Pennsylvania DUI law applies to people operating a "vehicle" on roadways or trafficways.  "Vehicle" is defined at 75 Pa.C.S. 102 as a "device upon which any person may be transported."  So there is no requirement that the it is a motor vehicle.  A motorless vehicle like a bike or skateboard can actually lead to DUI charges.  which would include a bike.  It can be argued that a Segway would be considered a "vehicle" and thereby subject to the Pennsylvania Vehicle Code. Because the alternative transportation devices used by people are likely to be considered vehicles, it is very important... Learn More

  • How can I be charged with a DUI if I was driving on private property and not on a highway?

    Everyone knows that DUI laws apply to driving on "highways," meaning official roads in Pennsylvania.  Many people do not realize that DUI laws can also apply to people when they drive on "trafficways," which are bascially roads that are on private property but are generally open or used by the public.  For example, the Walmart parking lot is a trafficway.  A parking garage is a trafficway.  A road through a community is probably a trafficway, but, if the community is gated and thereby public access is limited, then the road is probably not a trafficway.  If the road is not... Learn More

  • How can I be charged with DUI when I only took prescription medications or took lawful over-the-counter medications?

    Getting Charged While Taking Legal MedicationsThe DUI law in Pennsylvania prohibits an individual from being under the influence of a drug or combination of drugs to a degree which impairs the individual's ability to safely drive or operate a vehicle. Many common prescription and over-the-counter drugs can cause impairment and affect a person's ability to drive. If an officer believes that driver impairment is caused by drug use, the officer will often question the person about the types and amounts of medications and may thereafter request that the person submits to a blood test. If the officer believes that the... Learn More

  • Do the Police Need Probable Cause to Conduct a Traffic Stop?

    Police officers need a legal basis to stop a vehicle—but when exactly do they need reasonable suspicion versus probable cause? This question often arises in DUI and other traffic-related cases in Pennsylvania. The Pennsylvania Supreme Court addressed this issue in Commonwealth v. Chase, explaining the standards required for traffic stops depending on the circumstances. When Can Police Stop Your Vehicle in Pennsylvania? According to Commonwealth v. Chase, a traffic stop is permitted under two different legal standards: ✅ Reasonable Suspicion (Lower Standard) An officer can stop a vehicle based on reasonable suspicion if the stop serves an investigative purpose. That... Learn More

  • How can I be charged with a DUI when I was not high while driving?

    Per Se DUI Laws Pennsylvania's DUI law prohibits a person from driving, operating, or being in actual physical control of a motor vehicle with any amount of a Schedule I, II, or III controlled substance or a metabolite of such substance in his or her blood. While the DUI law prohibits a person from having "any amount" of a controlled substance in the blood, the Department of Health is actually required to prescribe minimum levels of controlled substances that must be found in the blood for the test results to be admissible in a DUI prosecution. The minimum levels of... Learn More

  • Can I have the DUI charge expunged from my Pennsylvania driving record?

    Successful completion of ARD generally allows a person to have the charges dismissed and expunged if the appropriate paperwork is filed with the court. In DUI cases, the criminal record can be expunged but a notation of participation in the ARD program does remain on a person's Pennsylvania driving record for at least the next 10 years. ARD Counts as Prior Offense of DUI Participation in the ARD program counts as a "prior offense" of DUI in Pennsylvania. Therefore, if a person violates the Pennsylvania DUI law within 10 years of the date of ARD acceptance for a prior DUI,... Learn More

  • Is it legal to turn away from a Pennsylvania DUI checkpoint

    Yes, Pennsylvania drivers are legally permitted to avoid a DUI checkpoint—as long as they do so in a lawful manner and before entering the checkpoint area. This exact issue was addressed by the Pennsylvania Supreme Court in Commonwealth v. Scavello, 734 A.2d 386 (Pa. 1999). In that case, a driver made a legal U-turn to avoid a DUI checkpoint. Police stopped the vehicle solely because the driver turned away from the checkpoint. After the stop, the officer discovered the driver was underage and had been drinking, leading to DUI and underage drinking charges. However, the driver’s DUI defense attorney challenged... Learn More

  • Do I have to do field sobriety tests for a DUI stop in Pennsylvania?

    The short answer is NO—you are not required to perform field sobriety tests in Pennsylvania, and there are no legal penalties for refusing to do so. Many drivers mistakenly believe they must comply with field sobriety tests, but under Pennsylvania law, these tests are voluntary. However, police officers are trained to persuade drivers to take them. They may say things like, “If you pass, I’ll let you go,” or “If you’re not impaired, prove it by taking the tests.” Remember, these are tactics to gather evidence, not legal requirements. Why Do Police Use Field Sobriety Tests? To arrest someone for... Learn More

  • What is an Order for Limited Access?

    Sealing a Criminal Record in Pennsylvania: What Is an Order for Limited Access? If you’ve been convicted of a misdemeanor in Pennsylvania, you may be eligible to seal your criminal record through an Order for Limited Access. This process is similar to criminal record sealing in other states and can significantly improve your chances of getting a job, renting an apartment, or passing a background check. What Does Sealing a Record Mean? Sealing a record through an Order for Limited Access does not erase your criminal conviction—it simply removes the record from public view. Once sealed, your criminal history will... Learn More

  • Can I seal my record in Pennsylvania?

    Are You Eligible to Seal Your Criminal Record? Sealing a Pennsylvania criminal record through an Order for Limited Access is only available to individuals who meet specific legal eligibility criteria. It is not based on need or merit alone. Even if you've stayed out of trouble, support a family, or need a clean record for employment, a judge cannot grant sealing unless you're legally eligible. The first step is determining whether your record qualifies under Pennsylvania’s Clean Slate laws. Clean Slate Law: Automatic Record Sealing Some records are sealed automatically under 18 Pa.C.S. § 9122.2 if the following conditions are... Learn More

  • How do I seal a criminal record in Pennsylvania?

    Sealing a Pennsylvania Criminal Record In order to seal a criminal record from public view in Pennsylvania, a person would need to obtain an Order for Limited Access.  If a record is sealed, it means that the record is not publicly accessible and should not appear on future criminal background searches conducted by employers or landlords.  While everybody wants to seal a criminal record, not every person with a conviction is eligible to obtain an Order for Limited Access.  For example, in Pennsylvania, a person with a felony conviction can NOT obtain an Order for Limited Access, and the only... Learn More

  • What is the difference between an expungement and sealing a record?

    Expungement or Sealing a Record in Pennsylvania In Pennsylvania, the expungement of a record means that the record is destroyed and removed from government databases.  With sealing, technically called an Order for Limited Access in Pennsylvania, the record still exists but it is not publicly accessible.  If a record is expunged, then no record should exist, and people cannot see or find a record that does not exist.  With a sealed record, the public cannot see the record, meaning such records should not appear on criminal background searches.  However, the police, prosecutors, and judge can generally see and consider such... Learn More

  • How does the expungement process work in Pennsylvania?

    How to Get Your Record Expunged in Pennsylvania If you have a criminal record in Pennsylvania, it can create serious problems when applying for jobs, housing, or school. The good news is that in some cases, you may be eligible to expunge your criminal record, which means legally erasing or destroying those records. It must be emphasized that a person must first be eligible under the law to seek an expungement. Expungement are NOT based upon need or desire. While a judge may want to grant an expungement so a person can get a job or rent an apartment, a... Learn More

  • Can I expunge my driving record in Pennsylvania?

    NO.  Pennsylvania does not allow a person to remove convictions or notations of suspensions from a Pennsylvania driving record.  Expungements are not given based upon need or want, meaning a judge is not permitted to grant an expungement just because a person's need to have records destroyed in order to get a job or for some other reason.  In order to obtain an expungement, the person must first be legally eligible.  Pennsylvania law only permits expungements of certain records and in certain situtations.  If a person is not eligible to have a matter expunged, the judge is not permitted to... Learn More

  • Do I need to report an expunged conviction of Underage Drinking?

    Pennsylvania Criminal Charge Expungement Lawyer It is almost impossible to get a lawyer to give you a definitive "yes" or "no" answer, and the reason is that it really does depend upon the circumstances. The law on the issue is found at 18 Pa.C.S. 9122.5, which states that "except if requested or required by a criminal justice agency....an individual may not be required or requested to disclose information about the individual's criminal history record that has been expunged." It further states that "an individual required or requested to provide information in violation of this section may respond as if the... Learn More

  • If the charge is expunged, do I need to report that I was charged or convicted of the offense?

    Pennsylvania Expungement Lawyer Pennsylvania criminal defense attorneys disagree on this issue. Some defense attorneys believe that an expungement and the destruction of the government records allow a person to treat the offense as if it never happened. State College criminal defense attorney Jason S. Dunkle believes that an expungement may result in the destruction of government records, but it does not change history, meaning it does not change what happened with the case. Expungements of criminal charges are generally permitted under section 9122 of the Crimes Code. Section 9102 defines the term "expunge" as "to remove information so that there... Learn More

  • Why did my expunged charge still appear on a background check?

    Centre County Expungement Lawyer In the past, background search information was not obtained until a prospective employer requested information on a particular person, and the request triggered a search of government records. Now, many Internet background search companies upload the entire database of criminal cases such as misdemeanor Possession of Drugs, Furnishing Alcohol to Minors, Simple Assault, and even summary offenses like Underage Drinking from the Administrative Office of Pennsylvania Courts (AOPC). The company then has the records of all persons charged in Pennsylvania before a specific request for information about a particular person is made. When a request for... Learn More

  • Can I have a conviction or guilty plea to a summary offense expunged?

    State College Summary Offense Expungement Lawyer Pennsylvania law allows for the expungement of summary offenses IF the person "has been free of arrest or prosecution for five years following the conviction for that offense." Basically, if a person has stayed out of trouble for five years, he or she is eligible to have a summary conviction expunged. The person must go through the expungement process. Again, eligibility simply allows a person to file an expungement petition, and to have a judge consider the request and render a decision. The expungement law expressly provides that such criminal history "may" be expunged,... Learn More

  • Can I expunge a felony or misdemeanor conviction from my record?

    Criminal records can often prohibit a person from obtaining a good job and thereby supporting a family.  Criminal records can also place limitations on a person's constitutional rights, such as prohibiting a person from possessing a firearm.  Regrettably, under current Pennsylvania law, a person with a felon conviction cannot expunge or even seal the record.  Expungements of misdemeanor convictions are only permitted in very limited circumstances.  The Pennsylvania expungement law only allows for a misdemeanor conviction to be expunged if the person is over 70 and has been arrest free for 10 years or if the person has been dead for... Learn More

  • How can a judge deny my expungement request when the law says that I am eligible for expungement?

    Centre County Expungement Law Firm Expungement eligibility does not mean that an expungement is mandatory. If a person is eligible to have a charge expunged, the person must file an expungement petition with the Clerk of Courts or Prothonotary in the county in which the case was filed. Eligibility is needed to be able to file an expungement petition and thereby have a judge consider the request. Most expungements are discretionary, meaning a judge has to consider various factors and determine whether or not to grant the expungement request. Most expungements are not mandatory, meaning a person is generally not... Learn More

  • Can a charge of Underage Drinking be expunged from the records?

    State College Underage Drinking Charge Expungement Attorney Generally, a charge of Underage Drinking can be expunged under two circumstances: expungement of "non-conviction" information, meaning charges have been dismissed, withdrawn, or the person was found not guilty expungement of convictions and guilty pleas of Underage Drinking after the person has turned 21-years-old Expungement of Dismissed Charges As an attorney near Penn State University, I see many cases in which students and parents mistakenly think that a charge that is dismissed or withdrawn is removed from government records. That is simply not the case. The only way to have records destroyed and... Learn More

  • The minor had a Fake ID – Can I be charged with Furnishing Alcohol to a Minor?

    Many people believe they can't be charged with Furnishing Alcohol to Minors in Pennsylvania if the underage person lied about their age or used a fake ID. Unfortunately, the law is a bit more complicated. Furnishing Charges Under the Pennsylvania Crimes Code — Proof of Knowledge Required Under 18 Pa.C.S. § 6310.1, it is illegal to furnish alcohol to anyone under the age of 21. However, the Commonwealth must prove that you knew the person was underage to secure a conviction under this section. In Commonwealth v. Scolieri, the Pennsylvania Supreme Court clearly stated that a conviction for Furnishing Alcohol... Learn More

  • The police followed me from the liquor store and then charged me with Furnishing Alcohol – Was that legal?

    Common Scenario: Surveillance at Liquor Stores Leads to Furnishing Charges Furnishing Alcohol to Minors charges are common in State College based upon the number of Penn State students that are caught purchasing alcohol for minors. Police frequently conduct undercover surveillance in the parking lots of liquor stores or beer distributors. These operations often play out as follows: ✅ Police watch as a person exits a liquor store and gets into the passenger side of a car.✅ Police follow the vehicle.✅ When the purchaser gets out of the vehicle without all of the alcohol, police detain both the purchaser and the... Learn More

  • My party was BYOB. Why am I charged with Furnishing Alcohol?

    Many Penn State students and local residents mistakenly believe that they can avoid criminal charges for Furnishing Alcohol to a Minor simply by hosting a BYOB (Bring Your Own Booze) party and not directly providing the alcohol. Unfortunately, this is a dangerous misconception. Under Pennsylvania law, you can still be charged—and convicted—even if you never physically handed alcohol to a minor. Ignorance of the law is NOT a defense. What Does "Furnish" Mean Under Pennsylvania Law? While the ordinary meaning of "furnish" typically means to supply, provide, or give something, the legal definition in Pennsylvania is much broader—especially when it... Learn More

  • Furnishing Alcohol Charges Based on Drunk, Underage Witnesses — Is That Legal?

    Many people facing Furnishing Alcohol to Minors charges, especially in college towns like State College, are shocked to learn they can be charged based on statements from underage, intoxicated partygoers. It’s a common question: “How can I be arrested or convicted if the only witnesses are drunk underage kids from the party?” Unfortunately, the law — and the way courts handle these cases — may not work the way you assume. Underage, Intoxicated Witnesses CAN Be Used in Furnishing Alcohol to Minors Cases In Pennsylvania, the fact that witnesses were also breaking the law by being underage and intoxicated at... Learn More

  • How can I be charged with Furnishing when my roommates hosted the party?

    Can You Be Charged with Furnishing Alcohol to a Minor in Pennsylvania Even if You Didn’t Buy the Alcohol or Host the Party? Yes, You Can. Many people mistakenly believe that they cannot be charged with Furnishing Alcohol to a Minor in Pennsylvania if they didn’t personally host the party or purchase and supply the alcohol to underage attendees. Unfortunately, this assumption is incorrect — and can lead to serious legal consequences. The Legal Definition of “Furnishing” Alcohol in Pennsylvania Under 18 Pa.C.S. § 6310.1, it is illegal to furnish alcohol to a minor. While most people interpret "furnish" to... Learn More

  • How can police prove I knew person was under 21 for Furnishing Alcohol to Minor charge?

    Sufficiency of Evidence – Knowledge of Age in Furnishing Alcohol to a Minor Cases in Pennsylvania A common defense in Furnishing Alcohol to a Minor cases is that the person accused didn’t know the recipient was underage. However, Pennsylvania courts have addressed this issue in detail, and the law may not be as forgiving as some think. Pennsylvania Law Requires Proof of Knowledge — But It Can Be Circumstantial In Commonwealth v. Scolieri, the Pennsylvania Supreme Court expressly ruled that, for a conviction under 18 Pa.C.S. § 6310.1 (Furnishing Alcohol to a Minor), the prosecution must prove that the defendant... Learn More

  • How can I be charged with Furnishing Alcohol to a Minor when none of the underage people were charged?

    The phrase “two wrongs don’t make a right” is particularly relevant when discussing Furnishing Alcohol to a Minor in Pennsylvania. Just because an underage individual illegally consumes alcohol does not excuse or protect the person who provided it. In fact, under Pennsylvania law, the furnisher of alcohol—the person who supplies, serves, or allows a minor to consume alcohol—can be charged with a misdemeanor, regardless of whether the underage drinker is also charged. Payment or Consent Does Not Matter One of the most common misconceptions is that if the minor pays for the alcohol or consents to drinking, the provider is... Learn More

  • How can I be charged with Furnishing Alcohol to a Minor when the police did not seize the “alcohol” and have it tested?

    Testing the AlcoholThe Furnishing Alcohol to Minors charge prohibits a person from furnishing "any liquor or malt or brewed beverage." "Liquor" and "malt or brewed beverage" are both defined in section 6310.6 of the Crimes Code and both basically are beverages that contain 0.50% or more of alcohol by volume. In the past, in a Furnishing Alcohol to Minors case, the court generally did require that the beverage was tested so that the prosecution attorney had direct evidence that the beverage was 0.50% or more of alcohol by volume. The Pennsylvania Legislature then passed section 6312 of the Vehicle Code... Learn More

  • What are the penalties for Furnishing Alcohol to a Minor?

    Furnishing Alcohol to a Minor and Underage Drinking Charges in State College Underage Drinking and Furnishing Alcohol to a Minor often go hand-in-hand—much like peanut butter and jelly. However, the legal consequences are far from equal. In Pennsylvania, a person who provides or purchases alcohol for a minor typically faces more serious penalties than the minor who consumes it. Underage Drinking is classified as a summary offense. In contrast, Furnishing Alcohol to a Minor is a misdemeanor offense, which carries more significant legal and long-term consequences. A misdemeanor charge means the individual must be fingerprinted and photographed, and the charge... Learn More

  • How can I be charged with Furnishing Alcohol to Minors when I am underage myself?

    Can a Minor Be Charged with Furnishing Alcohol to Another Minor in Pennsylvania? A common myth in Pennsylvania criminal law is that an underage individual cannot be charged with furnishing alcohol to another minor simply because they are not legally allowed to possess alcohol themselves. However, this belief is incorrect and has been explicitly rejected by Pennsylvania courts. Pennsylvania Law: 18 Pa.C.S. § 6310.1 – Furnishing Alcohol to a Minor Under 18 Pa.C.S. § 6310.1, Pennsylvania law makes it clear: “A person commits a misdemeanor of the third degree if he intentionally and knowingly sells or intentionally and knowingly furnishes,... Learn More

  • Do the penalties for misdemeanor possession vary based on the drug?

    Centre County Drug Possession Attorney In Pennsylvania, the normal charge for possession of a drug for personal use is ungraded misdemeanor under 35 P.S. 780-113(a)(16).  The law covers possession of any drug except for small amounts of marijuana.  If a person possesses less than 30 grams of marijuana for personal use, there is a special charge under 35 P.S. 780-113(a)(31) that is slightly less severe.  Under subsection (a)(16), the ungraded misdemeanor offense carries a maximum sentence of one year in jail and a $5,000.00 fine.  If the person has prior drug-related conviction, the maximum sentence increases to three years in... Learn More

  • Will an Underage Drinking conviction appear on a background search?

    Underage Drinking in Pennsylvania is a summary offense that does NOT require a person to be "processed," which means a person is not fingerprinted. Without being processed, the Pennsylvania State Police and FBI do not have a record of the incident. If a background search is conducted only of those two databases, the Underage Drinking offense would not appear. However, there is another records database in Pennsylvania called the Administrative Office of Pennsylvania Courts (AOPC) that is publicly accessible and does reference summary offenses like Underage Drinking and Public Drunkenness. If the background search company searched the AOPC, a summary... Learn More

  • Should I expunge an Underage Drinking conviction?

    Why Bother Having an Underage Drinking Conviction Expunged In Pennsylvania, Underage Drinking is only a summary offense, so NOT a misdemeanor or felony, which means that the conviction often is not viewed in a very negative light by most employers.  While the Underage Drinking charge is only a summary offense, it is included in the Pennsylvania Crimes Code, and therefore many employers would consider the charge to be a "criminal offense." Therefore, if an employment application required a person to report all prior convictions for "any criminal offense," the applicant should report a conviction of Underage Drinking.  Many employment applications... Learn More

  • How can I be charged with Underage Drinking when I was not given a breath or blood test?

    Forensic Evidence Not Needed to Prove Underage Drinking Many people assume that the police must have forensic evidence of alcohol consumption, such as a blood or breath test, in order to file an Underage Drinking citation. Forensic evidence makes for an extremely strong case, such evidence is not required in an Underage Drinking case. A judge can find a person guilty of an offense based solely upon circumstantial evidence of impairment or intoxication, such as the odor of alcohol on a person's breath or body, bloodshot or glassy eyes, slurred speech, difficulty standing, swaying, vomit on clothing or face, and... Learn More

  • How can I be charged with Underage Drinking when I was only holding a beer for someone else and no one saw me drinking?

    This question routinely arises in two situations in State College: 1) after a Penn State student is observed by an officer outside a Penn State football game holding a can of beer, and the person is charged with Underage Drinking; and 2) when the State College Police respond to a noise violation at a State College apartment, stumble upon an underage drinking party, and issue citations to people sitting around a coffee table covered in beer cans. People wonder how someone can be charged with Underage Drinking in either scenario. While we generally refer to the charge as "Underage Drinking,"... Learn More

  • What are the penalties for Underage Drinking in Pennsylvania?

    In Pennsylvania, Possession or Consumption of Alcohol by a Minor, commonly referred to as "Underage Drinking" under 18 Pa.C.S. 6308, is classified as a non-traffic summary offense. The charge is NOT a misdemeanor or felony.  A first offense of Underage Drinking is punishable by a maximum sentence of 90 days in jail and a $500.00 fine.  While jail time is possible in an Underage Drinking case, judges rarely impose such a sentence.  For second and subsequent offenses, the maximum sentence increases to a $1,000.00 fine.  Many people think that a judge would never impose the maximum fine permitted by law. ... Learn More

  • Good Samaritan Law and Pennsylvania Underage Drinking Charges

    Pennsylvania's Good Samaritan or immunity from prosecution in Underage Drinking cases is called "Safe Harbor" and is found at  18 Pa.C.S. 6308.1. The caller AND the person needing medical assistance are immune from prosecution IF certain conditions are met. The caller for medical assistance must follow certain rules.  If the caller does not follow the immunity law requirements, then neither the caller NOR the person needing medical assistance is immune. Requirements for Immunity from Underage Drinking Prosecution The Safe Harbor law states that the caller shall not be prosecuted if he/she can show: that law enforcement or police only became... Learn More

  • Can I participate in a first-time offender for Underage Drinking?

    Centre County Diversionary Programs for Summary Offenses Many first-time offenders of summary, non-traffic offenses like Underage Drinking, Public Drunkenness, Possession of a Fake ID, Retail Theft, and Disorderly Conduct are permitted by State College judges to participate in a first-time offender or pre-adjudicative disposition programs that allow for the dismissal of the charge. State College diversionary programs often require a person to pay court costs (no fines because the person is not convicted), complete community service, and complete counseling or education classes.  The precise requirements of a diversionary program vary from judge to judge across the state of Pennsylvania, and... Learn More