Pennsylvania Parole And Probation Legal Questions

Is it legal?  Sure.  Is it necessary?  Maybe not.  Probation is given wide latitude in what conditions they request for offenders.  They have to substantiate those requests to a judge who then orders them.  Again probation and parole are not rights, they are jail alternatives.  If you don't believe the conditions are necessary you could ask the court to reconsider but you should talk to local counsel before doing so.  ... Read Answer

It means a lot what it sounds like.  He has stayed out of trouble and met his requirements.  So he is still on probation, but he wont have to report to an officer.  Most counties just make you call in every so often.  If you have a violation they will still put you back in jail though.... Read Answer

Point of Law they really dont have to tell you.  It is their discretion.  Rarely, if ever, do they agree to early termination.  You can file a motion for early termination of probation.  If your probation officer is on your side and all your conditions are met a judge could very well terminate your case.  Your best plan is to contact an experienced local attorney.  They can help you draft your petition, and can also help present your case in the most favorable way... Read Answer

What law do you think they are breaking?  Have you completed the conditions of probation?  If one of the conditions of probation was to pay costs and fines you are technically in violation.  Many counties, not all, will simply close out the probation and send your case to collections.  HOwever, if you owe resitution they cannot close your case.  Talk to an attorney about how your locality handles these types of cases.  There is merit to both ways, especially if your supervision is fairly easy, collections will mess up your credit.  ... Read Answer

What can happen?  You can be locked up for the probation violation.  Possession of a small amount of marijuana is a crime in pennsylvania.  While it is punishable by only 30 days of jail time it does carry a license suspension with it.  As a probationer you signed an agreement saying that you would stay free of criminal charges and not use/imbibe illegal substances.  There could also be no action by your probation officer pending the outcome of the criminal charges.  In the counties in which I practice the APO will often hold off on filing the VOP for small amt of marijuana cases to get more information.  This is because these cases can be worked out at the Preliminary Hearing a lot of times.  The nuts and bolts of this is you need an attorney.  The internet is a poor guide to base decisions off of in a case like this.  Local counsel will know all the relevant players and how these types of cases are handled in your particular county.  Because your liberty is at stake you should be looking for a local expert. ... Read Answer

Feedback?  They will catch him eventually.  They always do.  He should pack a tooth brush because judges aren't going to be happy with someone who has been on the run that long.  There are episodic cases of Philadelphia cancelling warrants after 15+ years, but there are also a lot of cases where people do significant jail time after going missing for that long.  ... Read Answer

It is very hard to answer these types of what if questions.  There are just never enough facts.  The best answer is always going to be it depends, on your judge, on your charges, on what if anything has happened since.  As a practical matter it is likely you will be detained at least briefly.  Having an attorney arrange the surrender and be present with you at the warrant hearing can mitigate some of the worst effects of this disaster.  IF your charges at the outset were minimal it may be possible to get you released back on probation.  Most of the players from your original case are probably no longer around but if they are they will make a huge stink.  I wouldnt try to do this alone as controlling variables will substantially improve your likely outcome.  ... Read Answer

You are unlikely to get a new Parole Officer for those reasons.  In fact, its almost impossible to get assigned a new officer.  The key is documenting dates and times and leaving messages.  I was a part of a number of violation hearings as both a prosecutor and defense counsel and the client's who had a paper trail almost always did better.  Importantly, you can document the no-shows and be sure that it is not your issue it is the departments.  At the end of the day then it could become their problem.  ... Read Answer

It depends.  Probation is extended when there is a violation.  If he is going because of a violation or in order to avoid a violation he shouldnt check himself out.  Importantly, why would he??  The probation officer wouldnt send him to rehab to harass him, he may have a drug problem.  May be he needs rehab.... Read Answer

Much of that is at the discretion of the Probation officer and supervisor handling your boyfriend's case. It is a good thing that he turned himself in, however, for the purposes of sentencing. I recommend that he hire a Public Defender, or that you contact the local bar association for a lawyer referral.  Good luck. ... Read Answer

Technically, law enforcement officers do not ever have to read you your Miranda rights.  You read that correctly. The situation where Miranda warnings are important is when the defendant makes statements, and law enforcement tries to use those statements against the defendant in court.  Typically, Miranda warnings should be read when the individual is arrested, otherwise subsequent statements by the defendant can be excluded.    THUS, if you made incriminating statements during this incident, there is a possibility that those statements could be suppressed, if the government tried to use them against you. ... Read Answer