My son and his friends, all juvenilles got into some trouble with police out running around very late at night. When picked up by parents there were no citations handed out but we were verbally told they were being charged with disorderly conduct It is now 2 months later and we received a citation with a file date over 60 days past offense. Is this in violation of Tit. 42 §5551-5554 which has a 30 day statute for summary offenses? Can we get charges dismissed due to the timing of the paper work being officially filed late?
Criminal Defense Attorney
The 30 day statute you reference (42 PaCSA sec. 5553) is applicable to summary vehicle offenses. It does not apply to a Disorderly Conduct citation. I believe the applicable limitation period is 2 years per 42 PaCSA sec. 5552(a). The only recourse as it concerns the circumstances of the filing of the citation (as it was not issued at the time of the alleged offense) would be to allege violation of Pa. Rules of Criminal Procedure 410 and 109. Not a strong argument unless you can (1) establish improper filing in violation of Rule 410 and (2) prejudice under Rule 109. A difficult argument to make, at least around my parts of PA. Hope this helps.
2 found this helpful