Penalties for underage drinking
First-time offenders may have the option of attending a diversion program. This is usually an alternative to paying steep fees. However, Pennsylvania considers underage drinking a summary offense. This means that repeated offenses carry even harsher penalties. After your first charge, you may face penalties including fines of up to $1,000, loss of driving privileges and even jail time.
When you're in college, your time and money should go towards your education, not towards having to deal with the penalties of a poor decision. But there are additional consequences to underage drinking that can have a long-lasting impact on your future.
Academic consequences
Underage drinking can have harmful effects on your learning experience. These effects include:
Receiving a citation for underage drinking can have more direct consequences. Many Pennsylvania universities take underage drinking seriously. Students caught underage drinking must contend with university sanctions as well as government penalties.
Depending on your university, an underage drinking citation may result in loss of scholarships, leadership positions, housing contracts or team privileges. Your school may even require you to attend additional counseling.
Career risks
Although an underage drinking citation is not likely to show up on background checks, it could still prevent you from getting a job.
Repeated underage drinking charges can have a negative impact on your academic-related opportunities. Because of this, you might miss out on chances to develop the skills necessary for your future career path. An underage drinking citation can set you back and make it more difficult for you to gain the experience you need for life after college.
Seek legal assistance after an underage drinking charge
College is a time to broaden your horizons and try new things. But mistakes can happen. If you received an underage drinking citation, you may be feeling scared and confused. An attorney can help you understand your rights and fight for the best possible outcome.
]]>Whether you are freshman away from home for the first time, or a seasoned upperclassman, it’s a good idea to learn and review important safety tips.
Safety dos and don’ts
These safety tips can help you avoid putting yourself at risk:
Be smart and safe while attending PSU
The hope for every student is to have a successful and fulfilling college experience and taking precautions like these will help you achieve your goals. However, risky behavior can not only put your safety at risk, but it can also increase the chances that your behavior will lead to disciplinary measures, including arrest. An experienced defense attorney here in Pennsylvania will help protect your rights if you face potential criminal consequences from authorities.
]]>With this in mind, many students wisely consider alternatives to getting themselves home from a party or night out in State College. However, too many students, both those underage and above 21, choose to walk home from a party. When you encounter a cop on your way home, you could face charges for underage drinking, public drunkenness or more, all because you opted to make a more responsible choice.
What to know about summary offenses
Underage drinking and public drunkenness charges are both summary offenses, the state’s lowest level of criminal offenses. While these offenses may sidestep your criminal record, the penalties can still be steep. Underage drinking charges can result in fines up to $500 and a 90-day license suspension for a first offense, with consequences worsening with subsequent offenses.
Public drunkenness occurs when you are perceived to be:
Consequences for public drunkenness charges include fines of up to $500 for a first offense, $1,000 for a second offense and more. You could also face up to 90 days in a Pennsylvania jail.
Your options to avoid consequences
Whether walking by yourself or with a group of friends, anything from seemingly harmless to obnoxious behavior could give a police officer reason to question you. For example, carrying your shoes, loudly talking with friends late at night or more could lead an officer to believe you had too much to drink.
Before you go out, discuss with friends how you will get back to your dorm, apartment or more at the end of the night. Whether you decide to take a taxi or rideshare service together or designate a sober driver, make a plan to avoid potentially facing criminal penalties.
]]>It is critical for students to understand all of the consequences involved in a criminal charge, so they can better protect their futures.
Collateral consequences can significantly impact your personal life
The penalties for a first-time DUI in Pennsylvania include:
However, the impacts of a DUI charge do not stop automatically after six months, especially when it comes to your personal life. The aftermath of a DUI charge, even without a conviction, can have a critical effect on your relationships. Both family and friends may question the trust you earned.
You could suffer severe emotional stress as well. Losing confidence in yourself could inhibit your future career as well as your academic standing.
Penn State's specific collateral consequences
Your college career could also suffer from collateral consequences. Students charged with criminal activities off campus usually still have to meet with the Office of Student Conduct. The administration investigates the situation and determines whether the student violated the Code of Conduct.
In addition to code violations, Penn State also has a list of collateral consequences that students could face after criminal charges. These include:
What can you do to minimize collateral consequences?
The best way to avoid collateral consequences of a DUI is to avoid driving under the influence of drugs or alcohol. When preparing for a night out, it is helpful to choose a designated driver or call a sober friend to give you a ride. Planning ahead can significantly reduce the chances of a DUI.
However, students facing charges or collateral consequences still have options to fight these charges and protect their futures. Mistakes happen, but it is essential for students to remember that their family and an experienced attorney can serve as a strong support system in a time of uncertainty.
]]>Any charges you may be facing on campus are different than charges you may be facing from law enforcement. Knowing your rights regarding campus procedures can help you better navigate the process ahead of you. The university will have procedures separate from those of law enforcement for determining responsibility, charges and sanctions from the institution.
University procedures
Colleges and universities have written guidelines to outline their student conduct and disciplinary procedures. If you are facing charges, in addition to consulting an attorney, referring to these is a good place to start.
During the process, you’ll first be notified by the school’s Office of Student Conduct and you may need to schedule a meeting. The university will evaluate any claims made against you and if you are found responsible, may impose sanctions if it’s determined they are warranted. Depending on the factors of your case, sanctions could include a warning, community service, remedial education, suspension or dismissal. If you disagree with the charges or sanctions, you may request a sanction review or hearing.
Student rights at a public university
Students facing discipline or sanctions from a public institution and subjected to the process mentioned above are afforded the following rights according to the Foundation for Individual Rights in Education (FIRE):
Depending on the case and circumstances, students may also have the right to have an attorney present during their hearing.
Student rights at a private institution
Private colleges and universities are different in that they are not required to give students constitutional due process. However, private schools have their own codes of student conduct and procedures for discipline and are obligated to honor them as outlined in their guidelines. Private universities must honor these “promises” made to students through their handbooks.
Facing disciplinary allegations from your university can be overwhelming and scary. Knowing your rights and exercising them as needed can help to ensure you’re treated fairly when charges are filed against you. A legal advisor can also assist you to pursue the best possible outcome.
]]>If you are a college student facing criminal charges for drugs or alcohol, you'll want to be aware of the two common diversion programs that can resolve your arrest charge without it appearing on your record.
Accelerated Rehabilitative Disposition
Pennsylvania has a unique program that is available for those who are facing minor, non-violent offense charges - aimed at first-time offenders charged with possession of a controlled substance and driving while intoxicated.
Provided in every county in Pennsylvania, ARD gives those with a clean (or very limited) record a chance to keep their record clear after successfully completing court ordered requirements. The program encourages offenders to make a fresh start and change their lifestyle.
The requirements
The requirements may vary by case but can include:
The Youthful Offenders Program
This diversionary program focuses on offenses related to underage drinking and related summary offenses. It aims to help minors with alcohol-related offenses avoid a permanent criminal offense from appearing on their records.
YOP is not a treatment program. If the registrant is dealing with serious issues like addiction, that registrant should seek long-term counseling. If an issue is evident during the pre-interview or during group discussions, the instructor will provide the appropriate referrals and encourage long-term counseling.
If you are facing non-violent criminal charges, you may qualify for a diversion program. An experienced attorney can help guide you through this progress and determine which program is right for you.
]]>It's important, therefore, that you take the time to understand how the law works when it comes to DUIs in Pennsylvania. Thanks to new legislation, it may be possible to face less severe consequences if you are either convicted of a DUI or are serving an ARD probation for DUI.
How has the law changed in Pennsylvania?
Under the new law, a driver convicted of a first offense DUI is immediately eligible to apply for an Ignition Interlock Limited License (ILLL) that would be issued 20 days after receipt of the petition by PennDot if all requirements have been met.
Drivers who are accepted into the ARD program in lieu of a conviction will be also eligible if they choose to have an ignition interlock system installed for the 30-60 day suspensions that result from some ARD cases.
Individuals who have a second DUI conviction within 10 years of the first offense will be eligible for an ILLL after serving 6 months of a 12 month suspension or 9 months of an 18 month suspension.
With regard to license suspensions that result from a refusal to provide a blood sample, an ILLL would be available after serving 6 months of the 12 month suspension.
The Ignition Interlock device must be used before the car starts, and it requires that the driver effectively performs a Breathalyzer test. Typical cost of installation is $800 to $1200.
If you have been charged with a DUI in Pennsylvania, it is important to explore your options in regard to alternative penalties. Please contact me for a free consultation.
How has the state law changed in Pennsylvania?
In late 2017, a new state law was put in place, meaning that first-time DUI offenders may not be forced to lose their license for an entire year. Instead, they may be given the opportunity to install an ignition interlock device as an alternative. An ignition interlock device is a piece of equipment that is installed into a person's car. The device must be used before the car starts, and it requires that the driver effectively performs a Breathalyzer test. If the person blows under the limit, the car will start as normal; however, if the person blows over the limit, he or she will not be able to start the car. In this way, ignition interlock devices help to increase safety on the roads and prevent people from breaking the law.
If you have been charged with a DUI in Pennsylvania, it is important to explore your options in regard to alternative penalties.
Source: Penn Live, "New law gives first-time DUI offenders an option to losing their license for a year," accessed June 14, 2018
]]>If you believe that you were not guilty of a crime, however, and you want to defend yourself in order to lessen the change or have the charge dismissed completely, there are several routes that you can go down in the state of Pennsylvania. The following are some of the most common defenses to drug possession accusations.
The drugs were planted
If drugs were found in a bag or item of clothing that belonged to you, it may have been someone else who planted the drugs. This can be quite a common scenario, especially if you are travelling with a suitcase, and if there is enough evidence, you may be able to prove your innocence.
The search and seizure was unlawful
If law enforcement entered your property in order to seize the drugs, it is likely that they did so unlawfully if they did not have a search warrant. Showing that a search and seizure was unlawful has the power to impact your charge.
If you have been accused of drug possession in the state of Pennsylvania, it is important that you consider all possible defenses so that you can get a fair outcome. It is important to take swift action in order to put together a strong defense strategy.
Source: FindLaw, "Drug Possession Defenses," accessed June 08, 2018
]]>However, not all practices are quite so clear cut. This is true for what is perceived to be reckless driving. Reckless driving is a term that can be used for a broad number of actions, yet it is considered a major traffic violation in the state of Pennsylvania. It is important, therefore, that you understand what reckless driving means and the consequences of such an offense.
What is reckless driving?
Reckless driving is defined under the law as any type of driving that has a disregard for the safety of other people on the road, including pedestrians. This could obviously mean many things, including speeding, making dangerous and sudden turns or swerving. If you have been found to have put other people on the road in danger, then you may be charged with reckless driving.
What consequences will I face for reckless driving?
In the state of Pennsylvania, you can expect to gain up to five points on your driver's license for reckless driving. The exact number will depend on the severity of your actions.
If you want to appeal against a reckless driving charge in Pennsylvania, it is important that you build a strong defense in order to do so.
Source: DMV, "Traffic Tickets in Pennsylvania," accessed June 01, 2018
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