Civil Litigation & Business Disputes
Summary Offense Defense in Bucks County
Last updated June 2026
7 min read
✓ Verified Jun. 2026A summary offense is the lowest grade of criminal charge in Pennsylvania, but it is still a criminal conviction. It goes on the same record as a misdemeanor or a felony, it shows up on Pennsylvania Access to Criminal History (PATCH) reports, and most employers' background checks pick it up the same way they pick up everything else. The maximum penalty is 90 days in jail under 18 Pa.C.S. § 1105 and, in most cases, a fine of up to $300 under 18 Pa.C.S. § 1101(7) (the underlying statute sometimes sets a higher cap, as discussed below). Most defendants never see jail. What they do see, often years later, is denial of a job or a license because of a conviction they thought was paid off and forgotten.
That is the reason to fight a summary charge even when the fine is small. The conviction lasts.
Pennsylvania law classifies offenses by maximum sentence. Under 18 Pa.C.S. § 106(c), an offense is a summary if it is so designated by statute or if the maximum possible sentence is no more than 90 days. Anything that can carry more than 90 days becomes a misdemeanor of the third degree or higher, which is heard in the Court of Common Pleas rather than before the magisterial district judge.
Summary cases are governed by Chapter 4 of the Pennsylvania Rules of Criminal Procedure. They start with a citation, are filed with the MDJ in the district where the offense occurred, and are tried by the MDJ sitting without a jury. There is no preliminary hearing because there is no transfer to Common Pleas at the trial-court level.
The summary offenses we see most often in Bucks County MDJ courts:
| Charge | Statute | Grading | Max Fine |
|---|---|---|---|
| Disorderly conduct | 18 Pa.C.S. § 5503 | Summary by default; M3 if intent to cause substantial harm or persists after warning | $300 (summary) / $2,500 (M3) |
| Harassment (physical contact, following, course of conduct) | 18 Pa.C.S. § 2709(a)(1)–(3) | Summary; enhanced one degree if defendant previously violated a 23 Pa.C.S. § 6108 PFA order involving same victim | $300 |
| Harassment (written, anonymous, repeated communications) | 18 Pa.C.S. § 2709(a)(4)–(7) | Misdemeanor of the third degree | $2,500 |
| Public drunkenness | 18 Pa.C.S. § 5505 | Summary | $500 first offense / $1,000 subsequent |
| Underage drinking (purchase, consumption, possession) | 18 Pa.C.S. § 6308 | Summary | $500 first offense / $1,000 subsequent |
| Retail theft, first offense, under $150 | 18 Pa.C.S. § 3929(b)(1)(i) | Summary; misdemeanor or felony for higher values or repeat offenses | $300 |
| Obstructing highways or public passages | 18 Pa.C.S. § 5507(a) | Summary by default; M3 if persists after warning by a law enforcement officer | $300 (summary) / $2,500 (M3) |
A few of these deserve a closer look because the grading turns on specific facts that determine whether you are facing a summary or something much worse.
The offense covers four categories of conduct: fighting or threatening behavior, unreasonable noise, obscene language or gestures, and creating a hazardous or physically offensive condition that serves no legitimate purpose. The prosecution has to prove intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk of those things. "Public" is defined broadly under subsection (c) to cover places like apartment houses, transport facilities, and any premises open to the public.
The grading bump under subsection (b) is the part that catches people off guard. If the Commonwealth proves intent to cause substantial harm or serious inconvenience, or proves you persisted in the conduct after a reasonable warning to stop, the charge becomes a misdemeanor of the third degree with a maximum of one year in jail under 18 Pa.C.S. § 106(b)(8). The "persistence after warning" piece is often the difference between a summary citation and a misdemeanor in police-encounter cases.
Seven categories of prohibited conduct, but only the first three are summary offenses by default under subsection (c)(1): physical contact (striking, shoving, kicking, or attempts/threats of the same); following the other person in or about a public place; or engaging in a course of conduct or repeated acts which serve no legitimate purpose. The other categories are misdemeanors of the third degree: lewd or threatening communications, anonymous repeated communications, communications at inconvenient hours, or any other repeated communications under subsection (a)(7).
If you have previously violated a PFA order under 23 Pa.C.S. § 6108 involving the same victim or family/household member, the grading is enhanced one degree under § 2709(c)(3). A summary becomes an M3. An M3 becomes an M2.
Only the first offense under $150 is a summary. The grading ladder accelerates fast:
A "first offense under $150" includes situations where someone goes through the adjudication alternative program under 42 Pa.C.S. § 1520. Acceptance of that program still counts as a first offense for the purpose of grading any subsequent charge.
The hearing happens at the MDJ office in the district where the offense was charged. Bucks County has eighteen magisterial districts spread across the county. For a complete list, see our Bucks County Magisterial District Courts directory.
The mechanics are simple. The officer testifies to what they observed. Any other Commonwealth witnesses testify. You (through counsel or pro se) cross-examine. You can call witnesses, testify yourself, or stay silent. The MDJ decides guilt at the conclusion of the hearing. If guilty, the MDJ imposes the fine and costs immediately and the case is over at the trial-court level.
Two things people frequently get wrong about MDJ summary trials:
The MDJ is a judge of fact and law. There is no jury. If the MDJ believes the officer and disbelieves you, that is the end of the trial-court proceeding. The remedy is the appeal to Common Pleas under Pa.R.Crim.P. 462, not a motion for reconsideration before the MDJ.
Pleading guilty by mail is still pleading guilty. Many citations let you pay the fine and avoid the hearing. Paying is a guilty plea. The conviction enters on your record exactly the same way as if you had appeared, lost, and accepted the sentence. There is no "no contest" option at the MDJ stage on a summary citation.
The most common ways summary cases get resolved without a conviction:
The officer cannot prove an element. Disorderly conduct requires the specific intent (or recklessness) described in § 5503(a). Harassment requires intent to "harass, annoy or alarm." Retail theft requires intent to deprive the merchant of the merchandise. If the testimony does not establish each element, the case fails. This is why a careful cross-examination of the officer often matters more than any affirmative defense.
Negotiated resolution. Many summary cases settle for a plea to a lesser charge or for an agreement to dismiss in exchange for restitution, a small donation, or completion of a brief community service or counseling commitment. Prosecutors generally have authority to dispose of summaries this way, particularly where the defendant has no record and the conduct is at the low end of the spectrum.
Diversionary programs. For certain charges, statutory programs avoid conviction. The adjudication alternative under 42 Pa.C.S. § 1520, the preadjudication option for underage drinking under § 6308(c), and the ARD program (used more often in misdemeanor and DUI matters but occasionally for serious summaries) can keep the charge from becoming a conviction.
The officer does not appear. In Vehicle Code and traffic-ordinance cases, the law enforcement officer must appear and testify under Pa.R.Crim.P. 462(C). For non-Vehicle Code summaries, the same is generally true in practice because the Commonwealth has the burden of proof and almost always needs the officer's testimony. On appeal to Common Pleas, an officer who does not appear results in dismissal unless the defendant waives the appearance or the trial judge finds good cause for the absence.
If the MDJ finds you guilty, you have 30 days to file a notice of appeal under the Pennsylvania Rules of Criminal Procedure. The appeal proceeds as a trial de novo under Pa.R.Crim.P. 462, which means the entire case is tried fresh before a Court of Common Pleas judge sitting without a jury. The Commonwealth has to prove the case again. The MDJ's finding is not evidence and is not entitled to deference.
Several features of the de novo appeal are worth understanding before you decide whether to take it:
The officer must appear in Vehicle Code and local traffic ordinance cases (other than parking offenses). Pa.R.Crim.P. 462(C) requires the law enforcement officer who observed the alleged offense to appear and testify. Failure to appear results in dismissal unless the defendant waives the appearance in open court or in writing, or the trial judge finds good cause for the unavailability and grants a continuance. This single procedural rule is the reason many Vehicle Code summary appeals get dismissed without trial.
The trial is before the Court of Common Pleas in Doylestown. In Bucks County, all summary appeals are heard by the Criminal Division of the Court of Common Pleas at the Bucks County Justice Center, 100 North Main Street in Doylestown. This is true regardless of which MDJ district the case originated in.
Dismissal of the appeal triggers entry of the MDJ judgment. Under Pa.R.Crim.P. 462(D), if the defendant fails to appear for the de novo trial, the trial judge may dismiss the appeal and enter judgment in the Court of Common Pleas on the judgment from the MDJ. The same happens under Rule 462(E) if the defendant withdraws the appeal. The original conviction stands.
Nunc pro tunc relief is available but narrow. If you miss the 30-day appeal deadline, you can petition the Court of Common Pleas to allow the appeal nunc pro tunc, meaning "now for then." Under Pa.R.Crim.P. 462(F), denial of the nunc pro tunc petition results in entry of the MDJ judgment. The standard for granting nunc pro tunc relief is demanding and generally requires a showing of fraud, a breakdown in court operations, or extraordinary circumstances outside your control that prevented timely filing. Missing the deadline because you "didn't know" or "didn't think it mattered" is not enough.
You can appeal the de novo result to the Superior Court. After the de novo trial, Pa.R.Crim.P. 462(H)(2) requires the trial judge to advise the defendant of the right to appeal to the Superior Court within 30 days of sentencing.
Under 18 Pa.C.S. § 9122(b)(3) and Pa.R.Crim.P. 490, a person convicted of a summary offense may petition the court for expungement if the petitioner has been free of arrest or prosecution for five years following the conviction for that offense. The petition is filed with the clerk of courts of the judicial district where the charges were disposed, not with the magisterial district judge.
Acquittals in summary cases can be expunged under Pa.R.Crim.P. 490.2 and 18 Pa.C.S. § 9122(a)(4) without the five-year wait. Cases that ended in dismissal involve nonconviction data that can be expunged by court order under 18 Pa.C.S. § 9122(a)(2).
Expungement is the cleanup tool for old convictions that were never appealed and are now visible to background-check vendors. It is not automatic. You have to file the petition, serve the Commonwealth, and obtain an order from the court. In most uncontested cases, the process takes 60 to 120 days from filing.
Less serious than a misdemeanor or felony, but still a criminal conviction that shows up on background checks. The maximum sentence is 90 days in jail under 18 Pa.C.S. § 1105. Default fines are capped at $300 under 18 Pa.C.S. § 1101(7) unless the underlying statute sets a higher number, as several do (public drunkenness and underage drinking go up to $500 first offense, $1,000 subsequent).
The MDJ hears the case as a bench trial. The officer testifies, any other witnesses testify, the defendant can cross-examine and present a defense, and the MDJ decides guilt at the close of the hearing. There is no jury. If found guilty, the MDJ imposes the fine and costs immediately.
Yes. You have 30 days from the date of sentence to file a notice of appeal under Pa.R.Crim.P. 460(a) for a trial de novo before the Court of Common Pleas under Pa.R.Crim.P. 462. The trial de novo is a brand new trial. If the officer fails to appear in a Vehicle Code case or a local traffic ordinance case, other than parking, the charge is dismissed under Rule 462(C) unless the defendant waives the appearance or the court finds good cause.
Yes. Under 18 Pa.C.S. § 9122(b)(3) and Pa.R.Crim.P. 490, you can petition the court for expungement of a summary conviction if you have been free of arrest or prosecution for five years following the conviction for that offense. Acquittals are expungeable under Rule 490.2 without the five-year wait.
Not legally, but the consequences of just paying the fine are bigger than people think. A conviction shows up on PA Access to Criminal History (PATCH) checks and most commercial background reports. It can affect professional licenses, security clearances, immigration status, college admissions, and future employment. A lawyer can often resolve the case in a way that avoids conviction entirely, either by negotiating with the prosecutor at the MDJ stage or by securing dismissal on the de novo appeal.
I defend summary offenses across all eighteen Bucks County magisterial districts and on appeal to the Court of Common Pleas in Doylestown. If you have been cited for disorderly conduct, harassment, public drunkenness, underage drinking, retail theft, or any other summary charge, call 215-949-0888 or request a free consultation. The 30-day appeal window is short, so it is worth getting advice early.
Statutory content on this page was last verified against Pennsylvania statutes (20 Pa.C.S.; 72 P.S. Art. XXI): Jun. 2026. If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.
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