Can You Go to Jail for a Summary Offense in Pennsylvania?

If you’re here, you’re probably wondering if a small mistake could land you behind bars. It’s a scary thought, but you’re not alone. People ask this question all the time, especially when they’re dealing with something like a traffic ticket, a citation for public intoxication, or maybe a petty theft.

As a lawyer in Pennsylvania, I hear this concern regularly. The good news is that summary offenses are the least serious type of criminal offense in the state. However, they’re still criminal charges, and ignoring them or handling them poorly can lead to trouble—including jail time.

Let’s break it all down so you can understand exactly what a summary offense is, what happens if you get one, and how to make sure you’re protected. I’ll keep it simple and easy to follow, so you can walk away feeling a lot more confident.

What Is a Summary Offense?

First, let’s clarify what we’re talking about. In Pennsylvania, there are three main types of criminal offenses:

1. Felonies (the most serious crimes, like murder or major theft).
2. Misdemeanors (less serious crimes, like simple assault or DUI).
3. Summary Offenses (the least serious).

Summary offenses are minor violations of the law. Think of them as the smallest type of criminal charge—but don’t mistake small for unimportant. If you get cited for a summary offense, it’s still a legal matter that needs attention.

Examples of Summary Offenses

You might not even realize some of these are considered summary offenses:

• Traffic tickets, like running a red light or speeding.
• Disorderly conduct, like yelling or causing a scene in public.
• Public drunkenness (we’ve all seen this one at concerts or sporting events).
• Retail theft (under $150), which could be as simple as walking out of a store with something you didn’t pay for.
• Harassment, like repeatedly texting or calling someone to annoy them.
• Underage drinking (very common among college students).

Now, these may not sound like a big deal. But here’s the truth: if you don’t handle them properly, they can quickly become a real problem. Let me tell you a quick story.

A Client’s $100 Mistake Turned into a Nightmare

A few years back, I had a young client named Mike. He was a college student who got caught shoplifting a $12 pair of sunglasses. It seemed like no big deal at first—just a citation for retail theft.

Mike thought, “It’s just a ticket, right? I’ll pay the fine and move on.” So he ignored the paperwork and didn’t show up for his court date.

Well, guess what? The court issued a bench warrant for his arrest. When the police eventually caught up with him, he spent a weekend in jail before we could sort things out. What started as a $12 mistake turned into a costly lesson about how serious summary offenses can become.

The point? Even a small offense can spiral out of control if you ignore it or take it lightly. Don’t let that happen to you.

Can You Go to Jail for a Summary Offense?

The short answer is: Yes, you can go to jail for a summary offense in Pennsylvania. But it’s not always likely.

The Potential Penalties

If you are convicted of a summary offense, here’s what you’re typically looking at:

• A fine, often between $25 and $300.
• Court costs and fees, which can add up quickly.
• Jail time of up to 90 days (in rare cases).

Most summary offenses result in just a fine. But jail time is still possible if:

1. You ignore your court date or fail to pay your fine.
2. You have prior convictions for the same offense.
3. The judge feels your actions were especially serious or repeat behavior.

Failure to Show Up: A Fast Way to Jail

One of the quickest ways to end up in jail for a summary offense is simply not showing up to court. If you ignore a citation, the judge can issue a bench warrant for your arrest. Police can then pick you up at home, work, or even during a traffic stop.

Judges take missed court appearances seriously. To them, it shows disrespect for the legal process. Even if you think your ticket is minor, don’t blow it off.

What to Do If You Get a Summary Offense

So, you’ve been cited for a summary offense. What now? Take a deep breath. Here’s what you need to do to stay out of trouble:

1. Read the Citation Carefully

When you get a citation, it’s going to include important information, like:

• Your court date (don’t miss it!).
• The fine amount or penalties.
• Instructions for pleading guilty or not guilty.

Pay close attention to every detail. If you’re confused, call a lawyer (like me) right away.

2. Decide How to Plead

You have two main options: plead guilty or not guilty.

• Plead guilty: You pay the fine and accept the penalties.
• Plead not guilty: You request a hearing to fight the charge in court.

If you believe the citation was unfair or you want to avoid a conviction on your record, you should plead not guilty. This is where having a lawyer can make a big difference.

Quick Tip: Why You Should Think Twice About Pleading Guilty

A lot of people plead guilty just to get the process over with. But here’s the thing: a guilty plea for a summary offense stays on your record.

This can impact your life in ways you might not expect, like:

• Making it harder to get certain jobs.
• Affecting your insurance rates (if it’s traffic-related).
• Causing issues with professional licenses.

Even though it’s a minor offense, a criminal record can follow you around for years. It’s worth fighting the charge if you have a good defense.

3. Show Up to Court

If you plead not guilty, you’ll have a hearing in front of a magisterial district judge. This is your chance to explain your side of the story.

Bring any evidence you have, like photos, witnesses, or documents. If you have a lawyer, they’ll handle this for you. Trust me, having someone on your side makes a huge difference.

4. Pay Any Fines or Costs

If you’re found guilty, make sure you pay the fine and court costs by the deadline. Ignoring a fine can result in a bench warrant or even jail time.

suspension of your license and up to six months in prison.

Can a Lawyer Help with a Summary Offense?

You might be wondering if it’s worth hiring a lawyer for something as minor as a summary offense. Here’s the honest truth: it depends.

When a Lawyer Is Worth It

Hiring a lawyer is a smart move if:

1. You want to avoid a criminal record.
2. You believe the charge is unfair or inaccurate.
3. You have prior offenses, and the stakes are higher.
4. You’re worried about jail time.

A good lawyer can help you:

• Negotiate for a reduced penalty or dismissal.
• Present a strong defense in court.
• Avoid mistakes that could make things worse.

Sometimes, a lawyer can even get the summary offense changed to a non-criminal charge. This can help protect your record and future.

Can You Get a Summary Offense Expunged?

Here’s some good news: if you’re convicted of a summary offense, you can often get it expunged (or erased) from your record after five years.

To qualify:

• You must stay out of trouble for five years after the conviction.
• You must not have any other criminal charges during that time.

This is a huge relief for people who made a mistake but want a clean slate.

Final Thoughts: Take Summary Offenses Seriously

At the end of the day, a summary offense isn’t the end of the world. But you still need to take it seriously. Ignoring it, missing court, or pleading guilty without understanding the consequences can lead to big headaches.

If you’re facing a summary offense in Pennsylvania, don’t panic. Take action, understand your options, and get help if you need it.

And if you’re not sure where to start? Reach out. I’ve helped countless clients like you navigate summary offenses, and I’m always happy to answer questions.

Remember, small mistakes happen to all of us. What matters most is how you handle them.