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A.S.B., Esq.
A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
Experience:  I am an Assistant District Attorney, and former criminal defense attorney.
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i caught a new felony charge in deleware county while serving

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i caught a new felony charge in deleware county while serving the tail end of a 3 to 23 and a half month sentence with 1 year special probation from lackawanna county. i have just been violated with 6 mos left on the probation and plan to take plea deal for new felony charge. whats the worse that can happen to me from lackawanna county?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  A.S.B., Esq. replied 4 years ago.

First and foremost, thank you for choosing justanswer.com. I am a licensed criminal defense attorney, Editor of PA DUI Defense, 3d., and member of the American Bar Association.

 

The worst Lackawanna County can do is revoke your "street time" and resentence you to that time. For example, lets say you served 3 months and then were paroled. Any time spent on parole or probation is considered "street time". Once violated, the Office of Probation and Parole can revoke your street time and resentence, i.e. thus, they have 23 1/2 months to play around with if you only served 3 months of your sentence incarcerated.

 

I will say this: it would be odd for your PO to recommend your entire street time be revoked and recalculated. Your attorney should contact your PO immediately and begin a dialog explaining any mitigating circumstances, etc. It also helps if you and your PO had a decent relationship while you were on probation. Above is the worst Lackawanna Co. can do, but I would not necessarily expect the worst.

 

I hope this helps. Please, click "Accept" if you found my answer helpful so I may be credited for my response. Do not hesitate to contact me via justanswer.com with any follow up questions or concerns regarding this topic. Thank you and good luck to you!!!

Customer: replied 4 years ago.
so your saying after walking off all but the six mos of probation they can take my street time and sentence me up to 23 mos in jail. no more than that?
Expert:  A.S.B., Esq. replied 4 years ago.

Yes, that is the worst case scenario as far as a probation violation would be concerned. They cannot resentence you to more time than you actually owe, thus, 23 months would be worst case scenario.

 

Again, I hope this helps! Please, don't forget to click "Accept" so I may be credited by justanswer.com for my response. Thank you again and good luck!!!

A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
Experience: I am an Assistant District Attorney, and former criminal defense attorney.
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