Summary Offenses/Summary Citations

Summary citations are actually fairly common in State College, Pennsylvania. However, due to the somewhat unique way these citations are issued by law enforcement, they can often lead to confusion on the part of out-of-state families of Penn State students when they are issued. In some instances, law enforcement will issue a written Non-Traffic summary citation to an individual on the spot; in most instances, a citation will be issued and mailed to a person’s home address weeks or even (in rare cases) months after an incident.

Typical summary offenses include the following:

Initially, there are two important things to note:

First, a Non-Traffic summary citation is a criminal charge, albeit a minor one. Summary citations can be issued by any Pennsylvania law enforcement agency including the Penn State University Police which is a fully accredited law enforcement agency. When Penn State students receive Non-Traffic summary citations issued by Penn State University Police, I have seen it lead to confusion on the part of the student and/or the family. Be advised, these citations are not “internal” Penn State disciplinary matters (though they can lead to separate disciplinary proceedings at the university). They are criminal citations filed at a local magistrate’s office.

Second, it is important to note that when a summary citation is mailed it is sent to the address on that individual’s driver’s license. For out of state Penn State students, this typically means that the citation is mailed to the family home. Upon receipt of the citation, the individual has to take action—plead guilty and pay the fine amount or plead not guilty and request a hearing. It is important to consult with an experienced criminal defense attorney when deciding how to respond to these citations; there are usually many options that can be utilized to avoid conviction.

At Rehmeyer & Allatt, we have extensive experience representing individuals charged with Summary offenses. In some situations where the facts and circumstances are favorable to the defense, charges may be avoided altogether by acquittal following a trial before a Magisterial District judge. Where the facts are not favorable, in many situations penalties for these offenses can be mitigated through pretrial diversionary programs such as the Centre County Youthful Offenders Program (YOP). For eligible offenders, enrollment and compliance with the terms of such a program will allow you to avoid a conviction and a criminal record.

Generally speaking, there are three categories of criminal offenses under Pennsylvania law: Felonies, Misdemeanors, and the least serious of the three, Summary offenses. Summary offenses can be generally subdivided into three categories: Summary traffic offenses under the Motor Vehicle Code, Non-Traffic Summary offenses specified in the Pennsylvania crimes code, and Summary Offenses under the Pennsylvania Game and Wildlife Code. Click here to learn more about Game and Wildlife code violations.

Though a Non-Traffic Summary offense under the Pennsylvania law is by far and away the least serious category of criminal infraction, it is important to note that if you have been charged with a Non-Traffic Summary offense, you have been charged with a crime under Pennsylvania law. Because the Non-Traffic Summary citation you receive in the mail appears very similar to a traffic citation, many individuals simply elect to plead guilty and pay the fine. While in some cases this is an appropriate course of action, it is important to bear in mind that a guilty plea to a summary offense will result in a minor criminal conviction on your record and the conviction will be available for schools, employers, and professional licensure boards to view in the future. Furthermore, certain charges can result in suspension of your driver’s license or, under the Game and Wildlife Code, suspension of your hunting privileges.

Under Pennsylvania law, a Non-Traffic Summary offense is a crime under the crimes code. 18 Pa. CSA. § 106. Upon conviction, an individual may be sentenced to up to 90 days imprisonment, 18 Pa. CSA § 1105, and face a fine of up to $300 unless a greater amount is specified for a particular criminal offense. 18 Pa. CSA. § 1101. Furthermore, for convictions relating to misrepresentation of age to secure alcohol, underage possession of alcohol, or carrying a false identification card, an individual’s driver’s license will be suspended. 18 Pa. CSA. § 6310.4. For hunters, a conviction for a summary offense under the Game and Wildlife Code may also result in a lengthy suspension of hunting privileges. See, e.g., 34 Pa.C.S.A. §2321(d)(2)(i) (unlawful killing of a single white-tailed deer or a single wild turkey is a summary of the first degree which may result in the forfeiture of the privilege to hunt or take wildlife anywhere with the Commonwealth for a period of three years for a first offense).