Underage at a University

[touchdownzach]

My question involves criminal law for the state of: Pennsylvania

I am scheduled to leave for basic training for the Air Force on December 7th of this year. I am 18 years old, and I have one disorderly conduct that was removed from my record because of community service, but I think the Air Force can still see that?

Ok so I was visiting a friend up at a University. I drank in my friend's dorm, and then we went out. I don't remember one thing that happened that night, and I woke up in a hospital at 3am. The nurses didn't even know if the cops were involved, but they said if they were, that I would get a citation in the mail.

Today, I received a letter from the police station, that was addressed to my parents, that their "son/daughter, being less than 21 years of age, has been charged with the following violation(s) of Title 18 (Pennsylvania Crimes Code): A. Section 6308, subsection A, Purchase, Consumption, Possession or Transportation of Liquor or Malt or Brewed Beverages."

That is all the paper work that I have received so far and I was wondering on where I should go from here. The only thing that I signed was a discharge from the hospital and the bill for the taxi to take me home. I'm willing to do anything to make sure I don't get kicked out of the Air Force. I called the police station and left a voice mail for the officer that issued this, so I could talk with her about what happened, because I don't remember a thing.

Any advice? Thanks

[Mr. Knowitall]

What was your BAC?

It would be sensible to get legal representation.

[touchdownzach]

I don't remember but I would assume it was pretty high. Like above .2 or something. Would that make a difference and how?

[KeyWestDan]

You can't be charged with a criminal offense by MAIL. Hello people.

At minimum you would be informed that there is a warrant for your arrest and your voluntary surrender would be requested.

This sounds more like a civil infraction which would not affect your military service.

What you did NOT tell us was what did this notice ask you to do?

Also, what evidence is there? Did the police get a blood sample while you were in the hospital? Did you give consent? If it is a civil infraction, the ONLY penalty is a fine. If is is a criminal offense, a misdemeanor, you absolutely need an attorney to attack every aspect of it.

[tc498]

I would tell your recutier or who ever b.c the airforce see everything,the other charge wasn't a conviction but they still see the arrest. Also like the other guy said get a lawyer asap.

[Mr. Knowitall]

With a .2 BAC the court may want to have you screened for an alcohol problem. I would team up with a lawyer and try for preadjudication disposition.

(a) Offense defined.--A person commits a summary offense if he, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages, as defined in section 6310.6 (relating to definitions). For the purposes of this section, it shall not be a defense that the liquor or malt or brewed beverage was consumed in a jurisdiction other than the jurisdiction where the citation for underage drinking was issued.

(b) Penalty.--In addition to the penalty imposed pursuant to section 6310.4 (relating to restriction of operating privileges), a person convicted of violating subsection (a) may be sentenced to pay a fine of not more than $500 for the second and each subsequent violation.

(c) Preadjudication disposition.--

(1) When a person is charged with violating subsection (a), the magisterial district judge may admit the offender to the adjudication alternative as authorized in 42 Pa.C.S. § 1520 (relating to adjudication alternative program) or any other preadjudication disposition if the offender has not previously received a preadjudication disposition for violating subsection (a).

(2) The use of a preadjudication disposition shall be considered a first or subsequent offense, whichever is applicable, for the purpose of further adjudication under this section or under section 6310.4.

(d) Notification.--The police department making an arrest for a suspected violation of subsection (a) shall so notify the parents or guardian of the minor charged.