Is it true that if I wasn’t immediately cited for an offense that I cannot be cited now?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it true that if I wasn’t immediately cited for an offense that I cannot be cited now?
I was at a party about 2 weeks ago and their was underage drinking. I was not drinking and the cops could tell that. The parents were allowing the drinking. They didn’t find alcohol near me or on me. I am 16 years old and the cops took down my info, then I left with an adult. They said that they would call my parents the next day, but they did not. Now ,2 weeks letter . I got a letter in the mail saying that I’m being cited and need to go in front of some board (not judge). Is their any way for me to fight this?
Asked on June 12, 2012 under Criminal Law, Pennsylvania
Answers:
Andrew Goldberg
Answered 12 years ago | Contributor
No, that is not true. Subsequent to the alleged criminal act ( underage drinking ), the arresting police department will file a Criminal Complaint and an Affidavit of Probable Cause. Shortly thereafter, the local District Court will notify you of the date for her your hearing. Remember, it is likely that the local District Court has a diversionary program allowing you to avoid a conviction for the underage drinking and the resulting license suspension. In Delaware County, the diversionary program ( community service and/or classes ) is automatic. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.