College Students and Pennsylvania Criminal Charges

As the holiday season approaches, students on college campuses across the state are preparing for finals. For many students, this may be their first time away from home and on their own.

Whether this is their first year or their last, all students need to be aware of the serious consequences they could face if a night of seemingly innocent fun ends in an arrest. Criminal charges for using a fake ID, underage drinking or marijuana possession can follow students around long after they have received their degrees.

Convictions for certain types of crimes, like marijuana possession, may result in the creation of a criminal record. Other charges, like underage drinking, may come up on a vehicle background check. A criminal record can make it difficult for students to secure employment in a highly competitive job market and may limit their options for entering graduate programs, like law school and medical school. Moreover, drug related convictions (including simple possession) can prevent students from receiving various types of student aid and student loans.

Pennsylvania Fake ID Laws

Minors under 21 years old who are caught with a fake identification card, use a fake ID to buy or attempt to buy alcohol or verbally communicate to someone that they are 21 or older to buy alcohol may be charged with one of these crimes:

• Misrepresentation of age to secure liquor or malt or brewed beverages (18 PA CSA 6307)
• Carrying a false identification card (18 PA CSA 6310.3)

False identification includes using or possessing another person's id who is of legal age or using or possessing an id with false age, name and/or birth date information, regardless of whether it has the student's own photograph on it.
First offenses for violating the state's fake id laws are summary offenses and generally are punishable only by a fine. Subsequent offenses, however, are third degree misdemeanors and carry increased penalties. Penalties for violating these laws can include:

• $300 fine for a first offense
• $500 fine for a second or subsequent offense
• Up to 90 days in jail
• Loss of driving privileges for 90 days for a first offense, one year for a second offense and two years for a third offense

If a student is charged under one of the state's fake ID laws, the police will notify their parents.

Underage Drinking (UAD)

College students under the legal drinking age who are caught buying or attempting to buy alcohol, drinking, in possession of alcohol or transporting alcohol in their vehicles may be charged under 18 PA CSA 6308 with an underage drinking offense. A first time UAD offense is treated as a summary offense, while subsequent offenses are treated as third degree misdemeanors.

The penalties for underage drinking in Pennsylvania include:

• $300 fine for first offense
• $500 fine for the second and each subsequent offense
• Up to 90 days in jail
• Loss of driving privileges for 90 days for a first offense, one year for a second offense and two years for a third offense

Marijuana Possession

The penalties for marijuana possession are more serious than those for underage drinking. The severity of the penalty depends on how much marijuana was in the student's possession at the time of the arrest.

• If the amount was 30 grams or less, then the student may be charged with possession of a small amount of marijuana and sentenced to 30 days in jail and have to pay a maximum $500 fine
• If the amount was more than 30 grams, the student may be charged with possession of marijuana and sentenced up to one year in jail and have to pay a maximum $5000 fine

A student convicted of marijuana possession also will lose his or her driving privileges for 6 months for the first conviction, one year for a second conviction and two years for a third or subsequent conviction.

Students caught with drug paraphernalia in their possession ? like a pot pipe ? can be charged with an additional crime, which carries up to 1 year in jail and a maximum $2500 fine. The penalties for marijuana possession increase for any subsequent violations.

Effect of Drug Offenses on Student Aid

Aside from monetary fines and potential jail time, college students who are convicted under federal or state drug laws also face the potential of losing their rights to certain forms of student aid. Under the Higher Education Act of 1998, students convicted of any crime involving the possession or sale of a controlled substance are not eligible to receive any federal grant, loan or work assistance for a specified period of time, depending on the offense.

For example, if a college student is convicted of a drug possession crime, he or she is ineligible for student aid for a year following the conviction. The ineligibility period is extended to two years for a second offense, and a third or subsequent offense renders the student ineligible indefinitely.

The penalties for conviction of a crime involving the sale of a controlled substance are tougher: A first offense results in two years of financial aid ineligibility, while a second or subsequence offense means that the student is ineligible for an indefinite time.

Conclusion

If you have been charged with a crime, even a misdemeanor, it is important to begin working with an experienced criminal defense attorney as soon as possible to minimize the consequences of the charges. In some cases, you may be able to complete a community service program or other type of accelerated rehabilitative diversionary (ARD) program to reduce or eliminate the penalties against you.

Do not underestimate the amount of trouble you may be in. A conviction for any crime can have devastating consequences for your college career and impact your ability to find employment after graduation.