A summary offense in the state of Pennsylvania is the lowest level of criminal offense under Pennsylvania criminal law. If a person is convicted of a summary offense, he or she may face a jail sentence of up to 90 days and a fine up to $300. If you have a prior conviction of a summary offense, the penalty may be a fine up to $600 and/or up to 180 days in jail.
Some examples of summary offenses include:
- disorderly conduct
- obstructing the highway
- retail theft (under $150 and first offense)
- harassment
- criminal mischief
- defiant trespassing
- underage drinking
- dog laws
- theft of services ($50 or less)
- unauthorized sale or transfer of tickets
Some states treat this type offense as an infraction meaning a violation will not result in an arrest. However, these offenses must be taken more seriously in Pennsylvania law because a violation subjects you to an arrest. What some people don’t understand is that when you are cited for a summary offense it is considered as an arrest even if the officer does not slap on the cuffs and haul you away.
The record of this arrest remains with the department where it occurred and with any local courts should they be involved. Usually, you will not be fingerprinted nor have photos taken unless the offense is a retail theft. If you are not fingerprinted or photographed, the record of the arrest does not go into the nationwide/statewide criminal database.
Pennsylvania law provides that conviction records for summary offenses shall not be used in consideration of an application for a license, certificate, registration, or permit. While this may sound comforting, a background check will frequently reveal your summary offense criminal record. This means that prospective employers, landlords and others still may become privy to this information. Some employers, such as school districts, can use any past citation as a basis to deny employment.
It is advisable to consult a Pennsylvania criminal defense lawyer before considering a guilty plea to a summary offense. Many people unwittingly plead guilty to a summary offense and do not realize that they could end up spending 90 days in jail or be saddled with a criminal record that could affect their future. An experienced Pennsylvania criminal defense attorney knows how to handle a summary offense and may be able to get the charges dismissed.
It is also now possible to expunge a permanent record generated by a summary offense. You can petition the court five years from the date of your conviction and request that the court remove the conviction from your record. This can be helpful in renting real estate, getting loans, and obtaining employment. If you are charged with a summary offense, you should contact an experienced Pittsburgh criminal defense attorney who can advise you of your rights and potential defense strategies.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
