QUESTION

Are there any other options since she has been clean from drugs other than jail time?

Asked on Dec 28th, 2015 on Criminal Law - Pennsylvania
More details to this question:
My daughter was charged with a misdemeanor drug charge. She moved to and has been clean from heroine. She went into rehab left to days before completion and got a DWI charge. She’s been doing great off drugs and working but now the state wants her in jail for violation.
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1 ANSWER

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
I am not entirely sure I understand your question the way it is written. If you are saying that your daughter was on probation for drugs and then was arrested for DUI, and that she is facing a probation violation charge, I can answer. Yes, a new conviction, if the crime was committed when she was on probation, can be a probation violation. It could possibly lead to incarceration, but not always. If this was a possession charge, and a DUI violated the probation, it seems there might be other options for her, like a D&A program or house arrest. You should talk to an attorney and review the entire situation.
Answered on Jan 18th, 2016 at 4:54 PM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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