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Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12236
Experience:  Attorney
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Ra-ja

Customer Question

I recntly got arrested for solicating prostution in ny i will most likely beat this or get a the charge droped to a fine. My problem is i got paroled from pa to ny ,if i was to get violated would i be sent back to pa to serve my violation ? And if i only get a fine how much time will i do on my violation ? Can pa make me max out i know some times they are realy hard on any thing ?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Brandon M. replied 2 years ago.

B. T. Meyer :

Hello there.

Customer : Hi
B. T. Meyer :

Thank you for entrusting me with your question.

B. T. Meyer :

The answer would depend on the particulars.

Customer : Hi
B. T. Meyer :

I should also alert you that there are limitations on the precision that I can provide in this forum. Every case is different, so I can let you know what might be typical for someone under the circumstances presented, but the actual outcome will vary from case to case. Will that suffice?

Customer : Yes i just want to know how much time could i get on a vilation from pa do you know ant thing about parole in pa ..?Are you still there ?
B. T. Meyer :

I am still here, yes. I could let you know the maximum possible, but to give you the best answer I was planning to evaluate your situation a bit more. Were you only interested in the possible maximum?

Customer : What particulars do you need ? Yes i want to know what can they make me do on a violation ? Can they say just max out ? And do i go back to there state to serve the time ?
B. T. Meyer :

To start, what was the nature of the PA conviction?

Customer : Criminal mischief and tress passing none violent crime
B. T. Meyer :

What was the sentence?

Customer : A 2-6 years i got a bad past history in and out of prison but nothing crazy so they gave me alot for it plus it was a burglary that charge got drped
B. T. Meyer :

How much was actually served?

Customer : It was close to 3 years it ends in 2014 of july
B. T. Meyer :

How long have you actually been out of custody?

Customer : One year no trouble
B. T. Meyer :

They would typically be pretty tough on someone in that situation, even with a fine. To start, they don't need a conviction to find you in violation; they only need to prove that it is more likely than not, so you could be found in violation even if there is reasonable doubt.

B. T. Meyer :

You have only been out of custody for a year. This is not an especially serious offense, so that is good, but it would not typically be ignored eiterh.

B. T. Meyer :

PA "can" make you max out based on a violation of this nature. It would typically not be likely, but it is legally possible.

Customer : Yes but how much time can they give me ? And do i go back to pa to do tne time ?
B. T. Meyer :

You were sentenced to 2-6 years, correct/

B. T. Meyer :

?

Customer : Yes
Customer : I live ny and see parole here now
B. T. Meyer :

And you served close to three? A parole violation could theoretically send a defendant back for the remainder of the full sentence. On a six year max with three years served, that would equal another three years. Yes, it would be served in the state where the conviction originally occurred, assuming that you were convicted in PA state court.

Customer : Are you looking at the guid lines for parole in pa ? And if so can you tell me where to look for this in regards XXXXX XXXXX vilation
Customer : If i beat this charge can i still be violated
B. T. Meyer :

It is not an issue of guidelines for parole. You have already received parole under the guidelines. It is a matter of what parole is. Parole is like a contract: you can take the maximum sentence, or you can take a lesser sentence with contingencies. If you take the maximum sentence, when you get out, there is no parole. If you take a lesser sentence with contingencies, you are released from custody early, but you still have demands on you if you fail to meet those demands, you can be returned to complete the remainder of the sentence. So if you violate your parole, you are always in danger of having to complete the max sentence because, by definition, that is the function of parole.

B. T. Meyer :

This doesn't mean that you will have to go back for the full sentence, but it means that it is possible.

B. T. Meyer :

Regardless of whether there is a conviction on a new charge, you can still be violated. What makes you in violation is the act itself, not the conviction for the act.

B. T. Meyer :

You can evade a conviction but still have been found to violate the law for parole purposes.

B. T. Meyer :

Naturally, evading the conviction will help your case, but it is not a guarantee.

Customer : I dont agree with what you said about parole guidlines because in new york if you are a none violent crime and get a violation you can only get 90 days i was on parole in new york . Some states are diffrent especially pa it being commonwealth thats why i asked if you knew about parole in pa.
B. T. Meyer :

Ok, that is simply not correct. So, I am sorry. I do wish you the best of luck in your matter.

Customer : Im telling the truth i was there already and done that sorry to say . And pa does have diffrent guid lines on every thing it seems.
Expert:  Brandon M. replied 2 years ago.
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Customer: replied 2 years ago.
If what you say is correct can you point this out to me on line so i can read it ? There has to be guid lines for every stste right ?
Expert:  Brandon M. replied 2 years ago.

I am certainly not accusing you of dishonestly--just of inaccuracy. That said, I would be glad to examine your information about New York's guidelines pertaining to parole for non-violent offenders and the 90-day max. If you can point to something online, I would be glad to review it.

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