Legal Question in Traffic Law in Pennsylvania

Definitions of ''Charged'' and ''Arrested''

I am trying to answer questions on an application as to whether I have ever been Charged with or Arrested for the violation of any traffic laws, misdemeanors, etc.

I have received one speeding ticket as well as an uncontested ticket for public urination. Are these examples of being ''charged'' and/or ''arrested?'' I paid the fines and never appeared in court. I want to answer truthfully without sharing unnecessary information. Thanks for your help.


Asked on 1/08/09, 2:29 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Definitions of ''Charged'' and ''Arrested''

You asked whether you were charged or arrested.

When a person violates a law, and gets caught, they can be charged or arrested or both. A charge does not necessarily include and arrest, but an arrest always includes a charge.

The charge is that you violated a law. If the law was substantial than it would involve an arrest.

You should investigate why that application is asking those questions. In many cases parties requiring an application cannot lawfully ask whether a person has been charged or arrested. They can only ask whether a person has plead out or otherwise been convicted of a crime or relevant infraction.

Hope that helps.

Roger

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Answered on 1/08/09, 7:31 pm


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