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M3 vs summary offense?

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jac4565

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

My son is accussed of Harassing his ex-girlfriend, 3rd degree Misdoneanor (2709 A4) 6 weeks ago, we went to his court hearing yesturday and had a public defender, the assistant DA offered 1 year probation, counciling, $100 fine and court costs but the wouldn't change the M3 charge to a summary offense. A Misdoneanor 3 stays on your record forever in PA, which I was worried about being that he is only 18 and job hunting and possible going to college in the near future. The thing is that my son and his ex have resolved this issue, they care alot about eachother and remain friends, she did not want to testify, her and her mother were there and they both talked to me saying they just wanted this thing to go away and didn't want my son to get into trouble, his ex told the DA and the policeman who took her statement that day, that she did not want to testify and the DA and the cop told her she would be held in contempt of court if she didn't and of course the cop said he was there to testify and that she had to. Is this true? The public defender said she didn't not have to testify if she didn't want to.

This was a case of my son finding out that his girlfriend (of 2 years) was seeing someone else and proceeded to call and text her for about an hour when he found out because he was upset and angry, in the texts he said the f-word and called her "a cold hearted bitch" and said he wanted his things back. They have both moved on now and it really is a non-issue between them.

We did not take the offer that the DA gave because she refused to drop it to a summary offense, so now after going through the hearing at the District Magistrates court, with the ex testifing, we have been refered to higher court. Did we make the right decision? The public defender "thinks" that another assistant DA at a higher court will drop it down to a summary and my son will probably only get a fine and court costs. Is there ever a way for 2 people to resolve this kind of case out of court and have the case dropped?

Thanks for any advice
 



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