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SUMMARY OFFENSES: THINGS YOU SHOULD KNOW Summary offenses are minor crimes, heard and decided by a judge or justice without a jury. Many violations of the Motor Vehicle Code, are summary offenses, i.e. speeding, illegal parking, running a red light or a stop sign. Non-traffic summary offenses include disorderly conduct, underage drinking, harassment, criminal mischief, and first offense shoplifting. Driving under the influence of alcohol or drugs (DUI; DWI) is much more serious – it is a misdemeanor. SUMMARY
OFFENSES Summary
offense procedures start with a
citation issued by a police officer charging a person with an offense. The
citation charging the person is either handed to or mailed to the accused by a
police officer who has observed the incident or who had it reported to him or
her. Sometimes
the police officer will arrest and take the suspect before the district justice.
In that case, a hearing can be requested. The hearing may be held immediately or
at a later time, and bail may then be required. A citation will still be issued.
The citation contains a brief statement of the facts of the incident, how
the law was violated, and a specific statement of the section of the law that
has allegedly been violated. It also contains instructions on what must be done
to respond to the citation. The instructions on the
citation must be followed. There are
usually 10 days to either plead guilty and pay the fine, or plead not guilty and
request a hearing. Failure to respond to the citation as instructed can result
in an arrest warrant being issued and the alleged offender being brought before
the court. This arrest is usually
made by a local constable. When the constable presents
the arrest warrant, you can avoid arrest by 1) paying the amount of the
fine plus an additional amount for costs as security for your appearance at a
hearing; or 2) pleading guilty and paying the fine and costs. If you do not pay
the security money to the constable, you can be arrested and taken before the
district justice. When you request a hearing, notices to you and the police will
be sent stating the date and time of the hearing. You have the right to bring
your lawyer to the hearing but you do not usually have the right to be
represented by a public defender or a lawyer appointed at public expense if your
conviction would only result in a fine. You will then be
sent a notice of the date and time of the hearing as will the police if a not
guilty plea has been made. If the police officer does
not show up, ask for a dismissal. If the court
refuses to do so , the court will postpone (continue) the hearing to another date. It is at this time
that you should ask for a “must try” for the rescheduled hearing which means
that if the officer fails to appear at the postponed
hearing, the case can be dismissed. Not every judge or district justice
will agree to mark the case a “must try” and the case may be postponed a
second time. This is when it is to your advantage to have experienced criminal
law legal counsel representing you. This is a good “ rule of thumb”
any time your liberty and rights are threatened. At
the hearing, the police officer and any of the state’s witnesses called by the
prosecution will testify; then you (or your attorney) may ask questions (cross
examine) of the
police and/or their testifying witnesses. When
they are finished, you and your witnesses can testify. The police or district
attorney can cross examine you or any of your witnesses. The police can then
introduce any additional evidence to contradict or disprove what you or your
witnesses have testified to. Finally,
each side is given the opportunity to make a closing argument to the court
summarizing their respective positions and why the changes should be dismissed
or not. The district justice will then decide the case. If you are found
not guilty, all security you posted will be returned to you. If you are found
guilty, the security will go toward paying the amount of the fine and costs. If you are found guilty
of a summary offense, you can APPEAL
to the next higher Court in the county where the summary offense was heard. You
must appeal within 30 days by filing a form obtained from the court where the
summary offense was heard. When the case is tried in higher Court, you will have
a completely new trial. The results of the
prior hearing are not permitted to be referred to at the new
trial. At the trial court level you will need to be represented by counsel. Ó 2000 James
W. Pearson, Jr., All Rights Reserved FOR ADDITIONAL INFORMATION CALL THE TOLL FREE HELP LINE 1-800-232-1477 E-mail: lawyer@lawwalk.com JAMES
W. PEARSON, JR. Chair of the Federal & State Credit Union Department & Coordinator of legal consultations under the Family Legal Care Plans offered to credit union members. |
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