Legal Question in DUI Law in Pennsylvania

Pennsylvania refused ARD & public defender?

In June, son was working in store & charged /selling cigarettes to a minor in a ''compliance'' sting. He asked the person his age & got driver's license, but evidently he looked at the date incorrectly. Adult ''officer'' refused to give son any info verbally or in writing at the time and told him that he would get something in the mail. Nothing ever arrived in mail & we had no information for him to contact anyone. Last week constable came to son's place of employment & and said pay fine or taking son with him. We find out the ''officer'' wrote down wrong address, age & incomplete phone # & DJ office had been sending citations to wrong address. Son's employer gave constable a check. Son was given no option to plead guilty or not guilty. On papers, constable checked off ''guilty'' himself & son never signed anything. After numerous phone calls, son had to send certified letter to the DJ immed to plead not guilty. Son graduated / a degree in education & is one field where a summary offense will keep him from getting employment. Leb Co DA's office said can't get in ARD or get public defender on summary offense unless DUI related. At this point the kid would have been better off with a DUI...any suggestions how to proceed?


Asked on 9/21/07, 12:21 pm

3 Answers from Attorneys
Daniel Cevallos Cevallos & Wong, LLP

Re: Pennsylvania refused ARD & public defender?

You are looking at some serious punishment, fines, and possible jail time. You should contact a private criminal defense attorney as soon as possible. Feel free to call our offices or e-mail me directly.

Danny Cevallos, Esquire

[email protected]

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Answered on 9/21/07, 3:10 pm
Brian Zeiger Levin & Zeiger LLP

Re: Pennsylvania refused ARD & public defender?

your son can appeal the decision of the dj to the court of common pleas and start over. he can fight. however, he is not entitled to a public defender because the case is not serious enough. as far as ard goes, a lawyer may be able to speak to the da and see what they can work out.

feel free to email if you have more questions. [email protected]

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Answered on 9/21/07, 3:54 pm
Mark Johns Mark Johns, Esquire

Re: Pennsylvania refused ARD & public defender?

Your son should speak to a lawyer. Summary offenses are by definition in Pennsylvania Not criminal offenses. If your son needs to fight the charges, he may be able to get a not guilty disposition that he would have to pay costs and fines. I offer free initial consultations

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Answered on 9/21/07, 12:35 pm


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