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How Are
Summary Offenses Enforced?
Most summary crimes are enforced by a
citation issued by a police officer to the
person who is charged with committing the
offense. Normally, the citation is handed to the
person charged by a police officer who has
observed the incident. If no officer was
present, or if, for any valid reason, the
officer decides not to issue the citation at the
scene, a citation/summons may be sent by mail.
In certain circumstances, a police officer
may arrest someone, take him/her into custody
and then before a district justice. In that case
a hearing can be requested. The hearing may be
held immediately or at a later time, for which
the district justice may require security to
guarantee that person's appearance. A citation
will still be prepared and given to that person.
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What
Is A Citation?
A citation contains a brief statement of the
facts of the incident, how the law was violated,
and a specific statement of the section of the
law that is suppose to have been violated. It
also contains instructions on what must be done
to respond to the citations.
The instructions on the citation must be
followed, Generally, if you receive a citation,
you must within 10 days either plead guilty and
pay the fine, or plead not guilty and request a
hearing. If you fail to respond to the citation
as instructed, you can be arrested and brought
to court and, in cases involving traffic
citations, your license may be suspended.
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What
If Some Of The Information In The Citation Is
Wrong?
If the incorrect information is minor, such
as a misspelled name, the wrong color or model
year of a car, the mistakes will probably not
invalidate the citation. If, however, the
mistakes are major, such as listing the wrong
section of the law claimed to have been
violated, then the citation may be invalid if
prejudice can be shown.
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What
If I Do Not Respond To A Citation?
If you do not answer a citation within10
days, you can be arrested. This arrest is
usually made by a local constable. When the
constable appears with the arrest warrant, you
can avoid arrest by 1)paying the amount of the
fine plus an additional $5 and costs as security
for your appearance at hearing; or 2) pleading
guilty and paying the fines and costs.
The constable will return the warrant and the
security money to the district justice, who will
then send out a notice of the date and time of
the hearing to you and the police if a not
guilty plea has been made. If you do not pay the
security money to the constable, you can be
arrested and taken before the district justice.
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What
If I Request A Hearing?
When you request a hearing, the district
justice will send notices to you and the police
of the date and time of the hearing. You have
the right to be represented by your own lawyer
at the hearing, but you do not usually have the
right to be represented by a public defender or
a lawyer appointed at a public expense if your
conviction will only result in a fine.
At the hearing, the police officer and other
witnesses for the prosecution will testify, then
you or your attorney may ask questions of the
police or others who testify against you. You
can then produce your own witnesses and testify
yourself if you wish to do so. The police or
district attorney can question you or any of
your witnesses. The police can then introduce
any additional evidence to contradict or
disprove what you or your witnesses said.
Finally, each side is given the opportunity to
make any concluding statements or arguments to
the district justice.
The district justice will then decide the
case. If you are found not guilty, all security
you posted will be returned to you. If you are
found guilty, the security will go toward paying
the amount of the fine and costs.
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What
If I Fail To Appear At The Hearing?
Once you have requested a hearing, it will be
held whether you are there or not, unless a
continuance has been allowed by the district
justice. If, in your absence, you are found
guilty, the security money will go toward paying
the fine and costs. If the security is not
enough to cover the total amount, you will be
ordered to pay an additional amount. If you are
found not guilty, the security money will be
returned to you.
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Can
I Appeal?
If you are found guilty of a summary offense
you can appeal to the Common Pleas Court in the
county where the district justice is located.
You must appeal within 30 days by filing a form
obtained from the district justice or Clerk of
Courts. When the case is tried in Common Pleas
Court, you will have a completely new trial.
The police generally do not have the right to
appeal if you are found not guilty by the
district justice.
Some information about handling summary
charges can Be obtained from the office of the
district justice where the citation is filed.
The
citation will include the name and address of
the district justice. That office, however cannot
provide legal advice concerning the case
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Munley, Munley & Cartwright
