Charged with Summary Offense PA

[Jimbo1911]

Im 17 years old and 2 weeks ago I got picked up by the cops. My friend and I were killing time so we decided to go behind an empty for sale house just to kick it. While back there we began discussing what if we went inside. There was nothing to steal we knew it was empty but out of curiosity I tested a back door that was locked. My friend then picks up a brick and throws it through the window of the attached garage. He reaches and tries to unlock it and no more than 30 seconds after the failed attempt we leave. We got 2 blocks away and a cop stops us and says someone called in 2 kids of our description trying to break into a house. We get arrested and neither of us say anything. So basically all they know is that we were back there and that's all they can prove. Now I'm a minor, my rights were never given to me and I was interviewed by a detective without my parents or another adult present, which I hear isn't ok. They want me to come in next week, tell them what happened and they will rip up the citations. My question is, am I basically pleading guilty by doing that? The cops were snooty and lied to me and my parents and I honesty don't trust them at all. We haven't seeked legal help so I've decided to do it here. Also, please I know how stupid I am, I made a mistake, please just keep it to advice, thank you.

 

[quincy]

... They want me to come in next week, tell them what happened and they will rip up the citations. My question is, am I basically pleading guilty by doing that? ...

Yes. By telling the detective what happened at the house, you will be admitting guilt.

I will add that, even though a summary offense is a minor criminal offense usually punishable by a fine, it is still a criminal offense. If you plead guilty or pay the fine, you will have a criminal record (although it can be expunged after, I think, 6 months).

 

[FlyingRon]

Yes, if you have a single summary offense it can be expunged, but it's not six months. You have to wait FIVE YEARS before expunction.

The good news is that MOST background checks will not show summary offenses.

Cops are allowed to be snooty, especially to snot-nosed criminal kids. Yes, if you were under arrest and being questioned, you needed to have been advised of your rights. There's no PA requirement to having your mommy present.


You can certainly fight a summary charge. It will almost certainly take a lawyer to do so. Do not confuse the rather informal magistrates court you will be heard in with it being a pushover. Some of those local magistrates are extremely hard-butted.

 

[quincy]

Yes, if you have a single summary offense it can be expunged, but it's not six months. You have to wait FIVE YEARS before expunction. ...

Jimbo1911 is under the age of 18 so, while I was not quite correct with the "expunged after 6 months" statement, it would be possible for him to have the summary offense expunged from all records 6 months after the final discharge.

http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.091.023.000..HTM

This, of course, would be if Jimbo1911 is found guilty of the summary offense. This might not be the case if he and his friend do not admit to the crime or discuss the crime with friends who might talk to the police. If there is no evidence to tie Jimbo and his friend to the crime, the charge could be dismissed.

Jimbo1911 would be smart to keep quiet and have an attorney. Because of his age, his parents will probably be notified, so perhaps he can get some help with the cost of the attorney from them (and he can work to pay them back).

 

[Jimbo1911]

Update/extra information

I was told I would be speaking to a low level judge and I may be given a "progect" or have to make a poster. I'm already paying for the damage regardless of the fact that I didn't throw it. Also I have no priors and I was told it was some sort of program for minors and you can talk to someone and if you check out they rip it up and expunge it. I'll speak to my parents about an attorney.

 

[quincy]

Update/extra information

I was told I would be speaking to a low level judge and I may be given a "progect" or have to make a poster. I'm already paying for the damage regardless of the fact that I didn't throw it. Also I have no priors and I was told it was some sort of program for minors and you can talk to someone and if you check out they rip it up and expunge it. I'll speak to my parents about an attorney.

You are paying for the damage? Who are you paying?

I think you would have been smart to consult with an attorney BEFORE doing anything that ties you to the vandalism but ... maybe this will all work out okay for you anyway.

Thanks for the update. Good luck.