My daughter got arrested for underage drinking in Phila. what are penalties and could she lose her financial aid

You should retain an experienced local lawyer to assist you. Underage drinking is a summary offense which means that it does not rise to the level of a crime. That being said, even a conviction for a summary offense could lead to negative future consequences. I have seen kids have problems getting into the job of their choice later in life because of offenses like these. There is a pre-adjudication program that may be available to her where she would not end up being convicted of any offense. However, there would be a 90 day license suspension imposed. Ellis Klein, Esquire Young, Klein & Associates 215-639-5297

The other attorney gave excellent advice you should follow. To add, assuming the financial aid package is federal (I am not licensed in PA so cannot advise as to State law) an allegation of underage drinking will not affect her financial aid. At your service,

I agree with the two previous attorneys. It is only a summary citation but it can impact her life in a number of negative ways. First, if found guilty, she faces a 1 year license suspension. As one of the other attorneys mentioned, she may be able to avoid this if she is accepted into a pre-trial diversionary program. Although the other attorney mentioned a 90 day suspension, I believe that if this is her first underage drinking citation, she may be able to avoid a license suspension all together if accepted into the program. The program would also include having to attend a class, pay a fine and may involve some community service. I can't speak to the financial aid question but tend to agree with the other attorney that it should not effect it. The maximum penalty for a summary in Pennsylvania is 90 days of probation/incarceration and a $300 fine. Again, that's the MAXIMUM, not what she would get if found guilty. But, you really want to do all you can to avoid a finding of guilt and try to get her into the pre-trial diversionary program. It's the best route to go because if she completes the program, the charges would be dismissed and ultimately we could get them expunged from her record in short order. If found guilty, you can also get underage summary convictions expunged but you must wait until your 21 before you can apply for the expungement, which you don't want to have a happen as you don't want this on your daughter's "record" until she's 21. For your assistance, I've attached below a link to the Underage Drinking statute as well as the Expungement statute relating to underage drinking. If I can be of further assistance, I'd be more than happy to help you and your daughter work through what I'm sure is an upsetting time. I wish you all the best. Brian M. Fishman [email protected] www.PhillyCriminalDefense.blogspot.com