Tag Archives: DISORDERLY CONDUCT

Underage drinking, again. Any advice?

Q:        Can I get a third underage drinking charge changed to disorderly conduct?

A:         With this being your third underage drinking case, you are unlikely to get a break. Generally, with the first violation of 18 Pa. C.S.A. 6308, you can receive a 90 driver’s license suspension, a one-year suspension with the second offense and a two-year suspension with the third. I don’t foresee the police cutting you such a break and I wouldn’t count on it. I would hire an attorney to see if you have a defense which may lead to a dismissal or force the police to offer such a deal you are looking for.

Underage drinking, again. Any advice?

Q:        Can I get a third underage drinking charge changed to disorderly conduct?

A:         With this being your third underage drinking case, you are unlikely to get a break. Generally, with the first violation of 18 Pa. C.S.A. 6308, you can receive a 90 driver’s license suspension, a one-year suspension with the second offense and a two-year suspension with the third. I don’t foresee the police cutting you such a break and I wouldn’t count on it. I would hire an attorney to see if you have a defense which may lead to a dismissal or force the police to offer such a deal you are looking for.

A SUMMARY, DISORDERLY CONDUCT CHARGE-WHAT IS MY FATE?

Q. I am charged with Disorderly conduct- Engaged in a fight “Summary Offense”? I have court this week. I’m just wondering what to expect. Will I go to jail or will I pay a fine? I am a minor and I plead guilty.

A. You can get 90 days in jail for a summary, but most people don’t. Usually only vagrants, the homeless or frequent flyers get jail time on summaries. Your fine will be anywhere up to $300 plus costs. A lawyer may be able to improve your situation. There may be other options such as a withdrawal of the charges. If you are convicted of a summary offense, it stays on your criminal record for 5 years. At that time, you need to pay an attorney to expunge your record.

PUBLIC INTOXICATION ON PRIVATE PROPERTY?

Q: If I am arrested for public drunkenness and disorderly conduct, can I fight it? I was on private property, was not read Miranda rights.

A: Miranda warnings do not apply if you were not interrogated. Yes, you can fight the case. You should talk to an attorney as there may be an alternative available for you. If you fight the case, hire a court reporter to record the testimony if it is not electronically recorded by the court. Generally, you cannot be convicted of public intoxication if the conduct was not done in public. If your actions on the private property were visible to the public, or audible to the public, then that is another story.