Expert: Robin Sexton - 9/21/2009

Question
Hi - my son is a college student in Allentown, PA and was cited for public drunkenness and disorderly conduct.  He spent the night in jail (never offered a phone call) and then released the next day with a "non-traffic" violation for public drunkenness and disorderly conduct.  He says he can pay a fine or contest this in court. If he chooses guilty and pays the fine, does he have a criminal record?

marc

Answer
Marc,

Sorry about  what happen to your son.  First thing i would like to mention is the phone call.  A lot of times people are offered the phone call and either don't understand or decide not to.  A lot of times there is a phone right at the cell they can use.  However it does happen that the officers fail to make sure they understand and offer the call.
Since he was in jail and then cited this will probably be a misdemeanor and considered a criminal act therefore a record.
If it was my son i would do the following.  Call and confirm that it is criminal and not a civil infraction.  If it is criminal I would call the prosecutors office and see if a deferred sentence is possible.  This way as long as your son has no more problems in what ever time period is determined, say 6 months to a year the case is dropped.  If the prosecutor is not inclined my next call would be to an attorney to see if they can negotiate that kind of deal.  Your son needs to protect his record if possible.  It is easier now then trying for an expungement latter.  Make sure your son knows this is a one time deal.  Further a drunk and disorderly is certainly not uncommon for a young man in common.  Depending on his career goals it may not affect them at all.  Careers such as law enforcement, medical, etc take a very dim view of it.

Hope this helps

robin