wrongful underage

[JoeyO]

What is the name of your state (only U.S. law)? PA
So when I was 17, I was caught in school with an empty water bottle that smelled of alcohol. It was my friend's, and he had asked me to hold it for him because he was afraid that his parents would search his bag. They said that there would be no permanent records of the infraction because I was under 18, that I would just have to pay the fine. Not wanting to cause any problems or drag the issue out, I paid the fine, a little over a $100, thinking that the issue was settled. Now that I'm driving, I can't get on my parents' insurance plan because of the incident. Can I appeal the charge, saying that I am, in fact, innocent, and that I was misinformed of the consequences? Many thanks.

 

[FlyingRon]

Nope, regretting the consequences of pleading guilty is not grounds for an appeal.

 

[JoeyO]

I was going to appeal that I was misinformed of the consequences.

 

[Ohiogal]

I was going to appeal that I was misinformed of the consequences.

Nope. Did you have counsel? Did you discuss this with counsel? Who informed you of the consequences?

 

[JoeyO]

School administration and an officer informed me that there would be no permanent record of any kind.

 

[Zigner]

I was going to appeal that I was misinformed of the consequences.

I think you were NOT misinformed - you simply misunderstood.

 

[jiggy78]

Good luck proving they told you that.

 

[JoeyO]

Ugh. Thanks anyway guys.

 

[Silverplum]

Something useful to read from the PA Juvenile Justice website: http://www.dpw.state.pa.us/forchildren/juvenilejustice/balancedrestorativejustice/index.htm

 

[Dillon]

School administration and an officer informed me that there would be no permanent record of any kind.

get the administrator or the officer to sign an affidavit in support of your claim.
I am sure they wouldnt lie about it.

any other witnesses, like your parents, hear the administrator or cop say this to you?

or

will your friend admit to his quilt in this matter on an affidavit to clear you?
if not, i guess he's not really your friend...

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grounds for an appeal - new evidence

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Remember, admission trumps evidence !!!

 

[sandyclaus]

get the administrator or the officer to sign an affidavit to support your claim. I am sure they wouldnt lie about it.

could be grounds for an appeal

Unfortunately for OP, neither the administrator or the officer have the authority to decide what consequences OP would or would not receive. They simply report the offense, and it is the juvenile court system that determines what punishment will apply based upon the circumstances.

If there was any question about whether or not the offense would remain on your record after age 18, you (our your parents) should have discussed that possibility with the prosecutor before you signed off on a guilty plea. It's NEVER a good idea to blindly agree to a plea without fully understanding the consequences - and if no one ever asked the question, then you can't assume that you were misinformed in any way.

To be misinformed would imply that someone who actually HAD the authority to enforce those consequences would have had to inform you. And since you don't mention an attorney being involved in any way, then your own assumptions ended up costing you by dealing out consequences you didn't expect - NOT that they weren't earned, you just didn't expect them. If you, nor anyone else, ever asked the question, then you can't assume that the consequences weren't possible for you.

 

[stealth2]

I'm trying to figure out why neither of these brilliant souls thought to just THROW THE $1.29 bottle IN A TRASH BIN?

 

[NellieBly]

It's not "wrongful" as you WERE in possession of the bottle.