Thank you for entrusting me with your question.
The answer would depend on the particulars.
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?
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?
To start, what was the nature of the PA conviction?
What was the sentence?
How much was actually served?
How long have you actually been out of custody?
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.
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.
PA "can" make you max out based on a violation of this nature. It would typically not be likely, but it is legally possible.
You were sentenced to 2-6 years, correct/
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.
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.
This doesn't mean that you will have to go back for the full sentence, but it means that it is possible.
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.
You can evade a conviction but still have been found to violate the law for parole purposes.
Naturally, evading the conviction will help your case, but it is not a guarantee.
Ok, that is simply not correct. So, I am sorry. I do wish you the best of luck in your matter.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).