• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Drug Offenses - 1st and 2nd Pennsylvania

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Attorney007

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

Hi, I am just wondering if you have a drug charge on your record, say from 2005 and then another one in 2013, over 7 years later. Is the charge from 2013 considered a second offense or is it a 1st offense because the 2005 charge was more than 7 years ago?
 


Ladyback1

Senior Member
What is the name of your state (only U.S. law)? Pennsylvania

Hi, I am just wondering if you have a drug charge on your record, say from 2005 and then another one in 2013, over 7 years later. Is the charge from 2013 considered a second offense or is it a 1st offense because the 2005 charge was more than 7 years ago?
.
If, when you were adjudicated for the first time you received a deferred sentence, the 1st charge may not be on your record

However, as a general rule criminal charges aren't like bad debt, they don't drop your record after a certain amount of years.;)
 

Attorney007

Junior Member
.
If, when you were adjudicated for the first time you received a deferred sentence, the 1st charge may not be on your record

However, as a general rule criminal charges aren't like bad debt, they don't drop your record after a certain amount of years.;)
Haha! Well I have a feeling I did receive a deferred sentence. I looked it up on my state website and it looks like they just charged me for trespassing... What does that mean for the future if something was to happen again?
 

FlyingRon

Senior Member
They don't call it deferred sentence in PA. There's a program called ARD for first time misdemeanors which is about the same time (a period of probation that results in a dismissal).
ARD dismissals *WILL* show as priors with regard to computing subsequent offense sanctions. Except for DUI charges, there is no time out period for priors. ARD will be usually denied if you have prior convictions (or ARD) but the court has the discretion to offer it if the prior conviction was sufficiently long ago.

You need to be talking to a lawyer.
 

dave33

Senior Member
Haha! Well I have a feeling I did receive a deferred sentence. I looked it up on my state website and it looks like they just charged me for trespassing... What does that mean for the future if something was to happen again?
Most likely it will have little or no effect unless you are charged for the same thing. Having a prior conviction is never a good thing, but a trespass charge is as "good" as it gets.
 

FlyingRon

Senior Member
If it is a Summary trespass, no big thing.
A misdemeanor trespass will count against you in the sentencing formula potentially.
 

Attorney007

Junior Member
They gave me 6 months probation. I didn't do a class or anything. It was just us being stupid teenagers.

I did a search on my states website and I can find files of a couple tickets I had, but for some reason the court summary for the trespassing (which happened in 2005) disappeared. Is there a reason for this? I know it was there like a month ago.
 

FlyingRon

Senior Member
They gave me 6 months probation. I didn't do a class or anything. It was just us being stupid teenagers.

I did a search on my states website and I can find files of a couple tickets I had, but for some reason the court summary for the trespassing (which happened in 2005) disappeared. Is there a reason for this? I know it was there like a month ago.
Summary charges aren't kept around on your criminal record. THe court/prosecutor can dig them up if they look, but they don't get published in the normal criminal records databases.
 

Attorney007

Junior Member
What is a summary charge? When I did the search the first time, the trespassing charge was there. It disappeared for some reason. Either way, they can still look them up. I have certain charges that were expunged off of my record. Is there detailed accounts of this?
 

FlyingRon

Senior Member
Summary charges are a lower class of charge in Pennsylvania. The common one is disorderly conduct, but others include some harassment, simple tresspass, and minor theft. You can technically get up to 30 days or so on these but usually you pay $100 plus $50 in court costs and that's it. The thing is handed to you like a traffic ticket and your case is heard by a local magistrate. They don't tend to show on most criminal records searches (though the state can see them).
 

Attorney007

Junior Member
Summary charges are a lower class of charge in Pennsylvania. The common one is disorderly conduct, but others include some harassment, simple tresspass, and minor theft. You can technically get up to 30 days or so on these but usually you pay $100 plus $50 in court costs and that's it. The thing is handed to you like a traffic ticket and your case is heard by a local magistrate. They don't tend to show on most criminal records searches (though the state can see them).
Ok, so here is what actually happened, we were teenagers (18 & 19 years old) and we were drinking in the woods as to what was private property. The police officer caught us and then searched the vehicle and found marijuana and what not. Basically, they made my life very difficult, but at the end, I believe I was charged with Trespassing, Marijuana possession and paraphernalia possession. They let a couple charges go like the drinking and what not. I got 6 months of non-contact probation (as I was going to school out of state). I think the court saw I wasn't a bad guy and they let me go easy.

The police officer wanted to charge me for like 5 different charges, and like I said, I thought I was just charged with trespassing, drug paraphernalia (there was a pipe) and marijuana possession. The charges were supposed to get expunged after the probation, but I did a search on the court database and I found a record with the trespassing at one time, but now when I do a search, no records come up.

I'm not sure why the trespassing came up at one time, but any thoughts on this situation and what the court can and can't see would greatly be appreciated. Also, what is something was to happen in the future (hopefully not, but I'm just curious to know if I got pulled over or something, as to what they would see). Thanks!!!!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top