Legal Question in Criminal Law in Pennsylvania

I have a complicated and frustrating situation on my hands.

Background:

In 2007, I received a citation for PA Stat 18 Sec. 6308 - Purchase, etc. Alcohol By A Minor. (i.e. I was holding a red Solo cup while tailgating at a Phillies game and got a ticket from an undercover officer.) I went to Court and pleaded No Contest (along with a large group of 30 other individuals who got citations at the same Phillies game), and was sentenced to 24-hrs of community service. In addition, I had to pay a fine of $145 ,which I paid on the spot, and had to immediately complete an underage drinking awareness class at the Court, which I also completed on the spot.

I had a lawyer with me at the time who I did not know; he was some sort of friend of my father's who was supposed to meet me there. He said that I could just mail him a letter from whoever supervised my community service, and I would not have to show up for the next Court date. He said he would go for me, present my community service letter, and file for expungement. I did the community service, and advised my supervisor to send a letter to so and so, and left it all behind me.

Now to the situation:

I am in the process of filing out applications for law school and I came across a question that requires you to list any time you have been charged with, arrested for, or convicted of the violation of any law or ordinance other than a minor traffic violation, even it has been sealed or expunged. So I went to the PA Courts website to see if I could find any information on what happened and found out the lawyer never showed up to my Court date, the community service was never fulfilled, and the case is listed as inactive and I have a bench warrant. I'm freaking out and do not know what to do now! I do not know if the supervisor never mailed the letter out, if the lawyer was irresponsible, or what happened. I though it was all taken care of.

Please help! Any advice would be appreciated!

An interesting note: I recently got pulled over in Pennsylvania by a State Trooper. He ran my license and registration, but nothing came up about any warrants. If there is a bench warrant out for me, why did it not come up in the PA State Trooper's system?


Asked on 11/10/09, 2:57 pm

2 Answers from Attorneys

Brian Zeiger Levin & Zeiger LLP

Easily fixable. You need to get the bench warrant lifted, the case dismissed, then an expungement. however, none of this stuff would change the answer to have you ever been arrested. nor would the answer have changed had the previous lawyer done the right thing by you. nonetheless, this can be fixed. [email protected] 215.825.5183

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Answered on 11/15/09, 5:11 pm
Michael Berman Law Offices of Michael A. Berman

Bench warrants are lifted at the Criminal Justice Center...you need to arrive at 8:00.

Once the warrant is gone, the case gets re-listed and the letter can be presented.

Any issues, give me a call or write me back.

Mike

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Answered on 11/15/09, 5:30 pm


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