Did we do the right thing? M3 vs. summary offense

[jac4565]

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

 

[seniorjudge]

Q: Did we do the right thing?

A: Who is "we"?

 

[jac4565]

O.K. did my son make the right decision, with my help, and the advice of the public defender.

 

[seniorjudge]

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.

What do you mean by the emphasized portion?


Q: Is there ever a way for 2 people to resolve this kind of case out of court and have the case dropped?

A: It depends on the judge; however, your son and his girlfriend got the government involved and when the government is involved in anything, it's hard to get rid of it.


Q: 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?

A: Yes.


Q: O.K. did my son make the right decision, with my help, and the advice of the public defender.

A: From your post, this is not over yet. So exactly what decision are you talking about?

 

[jac4565]

Q: What do you mean by the emphasized portion? Higher Court

A: The Public Defender asked the District Magistrate to send this case to what was explained to me as "Big Court" or "Higher Court". I took it to mean going to the city court instead of the tiny town we live in. She believes there would be a different Assistant DA there who would more than likely offer to plea down to a summary offense instead of a M3 charge.


"A: It depends on the judge; however, your son and his girlfriend got the government involved and when the government is involved in anything, it's hard to get rid of it"

No one expected any of this to happen, my son has never been in trouble before and I have never had to go to court for anything either, so we had no clue what was involved. His girlfriend just wanted him to stop calling/texting her, which he did 2 hours before the Policeman called to tell him to stop, by then it was already over. She had no idea that the cop was going to charge him with anything, she says she just thought the cop would call and tell him to stop and give him a warning.


Q: From your post, this is not over yet. So exactly what decision are you talking about

A: The decision NOT to take the deal the ADA offered to my son. Which was: Plead guilty to the Misdomeanor 3, counciling, 1 year probation, $100 fine and court costs.

The Public Defender he had did not believe this case should be a guilty plea to a Misdomeanor 3, but instead a summary offense, (which does not stay on your record) because my son has never been in trouble before and knowing that a M3 will stay on his record for the rest of his life. My son had no problem with the rest of the things the ADA wanted it was just the lesser "summary offense" that he was hoping for. He is in the process of looking for another job and just today filled out 2 applications that asked if he has ever been found guilty of a crime, he would have to say yes, if he pleads guilty to M3, this would make it very hard for him to find a good job and he's only 18.

Thanks for responding