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  1. #1
    Join Date
    Dec 2009
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    1

    Default Underage Consumption / Possession

    My question involves criminal law for the state of: PA

    Criminal Code Title 18 Section 6308 Subsection a

    I was at a party with about 30 minors. I am 19. It was a friends birthday and wanted to go to his birthday party at his college. It was off campus and the police showed up. A couple of kids ran out the back and got caught giving the police the permission to enter the house. I did not drink nor was I given a Breathalyzer test. The fine is 150 and I'm assuming a license suspension is coming my way. The citation was given in the mail and not in person.

    I want to fight the case but I want to be sure of what they are charging me. I also want to know what could possibly happen if I fight and the judge favors the police officer. I wasn't drinking, wasn't breathalyzed. They did check anyone that was driving home and everyone passed that was driving. Thank you for any help you can give me.

    I was also wondering if my record clears when I'm 21 or did it get cleared when I was 18. I have never been in trouble with the police ever before. What would be an average price for hiring a lawyer also? Any question that you can answer would be nice.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Underage Consumption/Possession

    I'm not sure why you are claiming confusing about what you're charged with. You just told us that you are charged with violating 18 Pa.C.S.A. § 6308(a).
    Quote Quoting 18 Pa.C.S.A. § 6308(a)
    (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.
    Presumably you're being charged with possession, along with everybody else in the place, because the alcohol was open and available for everybody there. For a first offense, if convicted, you're looking at a fine of up to $300 and/or up to 90 days in jail, along with a 90 day driver's license suspension. (I would not expect jail time.)

    You're a legal adult. Your record of offenses doesn't disappear when you turn 21. If you are convicted, for what it's worth, summary offenses are the least significant convictions to have on your criminal record.

    To find out prices for lawyers in your area, the best thing to do is to call some area law firms and ask what they would charge. It's worth talking to a lawyer, as you may be able to avoid a conviction.

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