Parole And Probation Legal Questions

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 More

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 More

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 More

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 More

You have 10 days or until January 5 to file notice of intent to appeal. That initiates the process. Ther are several other steps to complete the process. However the missing og the 10 day deadline is fatal to any appeal. Feel free to call with questions    Mack Martin 405-236-8888... Read More

As a general rule and subject to some exceptions, the sentence starts on day of judgment. Exceptions: (1) if you are given credit for time served and (2) if you are already serving a prior sentence at the time of current conviction and judgment form for current conviction says that sentence for current conviction will begin after serving sentence for prior conviction.... Read More