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does a parolee serving time for a technical violation (9 month

 
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  • Answered by:Ely
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Customer Question

does a parolee serving time for a technical violation (9 month hit still in after 13 months), with an approved home plan, have to serve an additional 3-6 months at a halfway type facility to complete a program that he completed 4 times already? should we hire an atty? this is in the state of pennsylvania.

 

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State/Country relating to question: Pennsylvania

Already Tried:
calls to the parole board.

Submitted: 335 days and 12 hours ago.
Category: Criminal Law
Value: $50
Status: CLOSED
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Expert:  Ely replied335 days and 12 hours ago.

Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please understand the following important points: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.

I am sorry for your situation. This depends - can you please tell me the original sentencing and what the violation was, exactly?

This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.

Customer replied335 days and 12 hours ago.

burglary- 4-8 yrs. house belonged to an ada.

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Expert:  Ely replied335 days and 11 hours ago.

Thank you, Donna. Almost there. When you state that the home belonged to the ADA, what do you mean?

And is the Defendant charged with a new offense or, is his parole simply being revoked?

Customer replied335 days and 11 hours ago.

former assistant district atty. the sentence was extremely long for this offense. no there were no new charges- it was a technical violation of parole. he attended a family reunion outside of pa. his future mother-in-law told his p.o.

Accepted Answer

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Expert:  Ely replied335 days and 11 hours ago.

Thank you, Donna.

If there were no new charges, then this is a good thing, at least.

Understand how parole works - the Court has the ultimate discretion to send the Defendant back to jail at its decision. The Defendant has no right to parole, it is a privilege granted to him by the Court. The Judge (1) may sentence him to the remainder of his sentence, (2) ask him instead if he wishes to go through another program, or (3) and basically has discretion to decide what to do at this point.

So:

"have to serve an additional 3-6 months at a halfway type facility to complete a program that he completed 4 times already?"

Yes, he may.

"should we hire an atty?"

Yes. Counsel would really help to plead with the Court for a second chance at simply putting him back unto his ongoing parole and allowing this matter to perhaps be overlooked due to the mitigating factors. An attorney is extreme important here. While the Court may provide counsel for the revocation hearing, an private attorney is still recommended instead:

http://www.pabar.org/public/membership/lrsblurb.asp

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Expert TypeCounselor at Law
Category: Criminal Law
Pos. Feedback: 98.5 %
Accepts: 1801
Answered: 7/19/2012

Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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