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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22591
Experience:  Handle criminal matters in both state and federal courts.
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Customer Question

Who needs to offer a sentence when a probationer is found in violation? The DA, the Parole department, or are they both full of smoke and the probationer awaits sentencing from the judge?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.
Hi

Thank you for posting your question on Just Answer. I will be the Professional providing you with information in this regard

Please tell me if he was in PA as part of an interstate transfer or if he left MN without permission? Im just wondering why he was in PA

Thanks
Customer: replied 1 year ago.

Original probation was in 2005 within PA, he was picked up in MN on an assault misdemeanor and then extradited to PA where he awaits sentencing on his violation.

Expert:  Samuel II replied 1 year ago.
Hi

I see. Thank you

This will boil down to the PO's recommendation. And the recommendation will be taken under advisement and considered by the judge. If he PO says that he has a home life in MN and that the probation should be moved there via an interstate the court may allow that.

Of course there are factors in that consideration and that is what he on probation for, how long he has left, what he was doing in MN - for instance, was he employed and can he be re employed and the really big thing is if MN will agree to allow him to come there and be supervised.

But to answer your question, this process is between the PO and the court. The District Attorney should not get involved, unless they want to charge him with a new charge of fleeing from justice because when he left PA then he essentially became an escapee and a fugitive from justice. So if the DA charges him with that, then of course, they will have a say in that sentencing process


I think I have answered your question. Remember, I can only answer and provide true and correct information for what you ask. Please remember that I do not write the laws, I only provide the true and correct information on the laws.

Otherwise, please rate this service below Good to Excellent so that I may get credit for my time and information. Rating will not close the question and it will always be available for follow ups. A Rating will only close a CHAT and then convert it to a QA where you can always access it.

Thank You and good luck with everything
Customer: replied 1 year ago.

He was indeed held under a fugitive from justice charge while sitting in MN awaiting extradition. Does this mean that the DA's words still carry weight?

 

I ask because I was told over the phone by his parole officer that we "can sit and wait until we're blue in the face, the DA will not make an offer as to his sentencing", meanwhile the PO and the DA were sitting next to each other in the Gagnon 1 hearing.

Expert:  Samuel II replied 1 year ago.
Hi

Thank you. I suggest what the PO is saying is if the DA has filed those charges they could agree to run any sentence concurrent to the imposition of the sentence by the judge for the mere probation violation.

It seems that the PO is not hopeful that the DA will agree to that. It appears the PO expects the DA to allow the PO and the judge to decide what to do on the Probation violation and then have the additional charge against him and that will then be handled when he is finished his sentence for the PO violation.

And yes, that is possible, as long as the DA will file those charges within the Statute of Limitations, which he has. But he does not have to be tried unless He would file a Motion for a Speedy Trial. But even then the DA can request any sentence run consecutively meaning after the violation of probation sentence has ended then the new sentence would begin




I think I have answered your question. Remember, I can only answer and provide true and correct information for what you ask. Please remember that I do not write the laws, I only provide the true and correct information on the laws.

Otherwise, please rate this service below Good to Excellent so that I may get credit for my time and information. Rating will not close the question and it will always be available for follow ups. A Rating will only close a CHAT and then convert it to a QA where you can always access it.

Thank You and good luck with everything
Expert:  Samuel II replied 1 year ago.
Hello

I see that you gave me a BAD Service. I am wondering if that is an error because my informaiton is true and correct. And if you have other questions you may ask them to get clarification

I think I have answered your question. Remember, I can only answer and provide true and correct information for what you ask. And I do not write the laws. So please do not shoot the messenger here.

Otherwise, please rate this service below Good to Excellent so that I may get credit for my time and information. Rating will not close the question and it will always be available for follow ups. A Rating will only close a CHAT and then convert it to a QA where you can always access it.

Thank You and good luck with everything
Customer: replied 1 year ago.

Hey Sam, I had typed out a long response as to why my rating was the way it was. Unfortunately, it was lost when I clicked Submit because of justanswer.com scripting. I will do my best to justify my rating, but please understand that the last half hour of responding to your advice was just lost because of poor website maintenance.


 


The main issue I had with your answer was the guess work. You weren't sure who could say what in what situation, and you used a lot of phrasing that stood outside the KISS (Keep It Simple Stupid) method which confuses me and my defendant and does not help us move forward with our case. My question is simple, what happens in a Gagnon 2 hearing and who influences what happens. That question remains unanswered, thus I deliver a bad service rating.

Pennsylvania is a commonwealth state, and thus their statute of limitations is not only nonexistent, but there is no significance to a Right to a Speedy Trial in my question. I hate to put it so bluntly, as I said before I had a nice long and thorough response which was lost due to poor scripting on justanswer.com's part.

Expert:  Samuel II replied 1 year ago.
Hi

I see. Apologies for the poor website maintenance, but unfortunately your rating reflects on me.

And because it is complicated I was trying to fully explain However I will put it in simple terms

The DA has nothing to do with the Probation violation sentencing or during the Gagnon hearing. That is totally up to the PO and the Judge.

The DA may however, file new charges and that will be where they have leverage in a sentencing

I trust that is simple and clarified.

Again, apologize for the poor maintenance of the site that you have experienced and I will report that to the administrators.


I think I have answered your question. Remember, I can only answer and provide true and correct information for what you ask.

Otherwise, please rate this service below Good to Excellent so that I may get credit for my time and information. Rating will not close the question and it will always be available for follow ups. A Rating will only close a CHAT and then convert it to a QA where you can always access it.

Thank You and good luck with everything
Customer: replied 1 year ago.

Knowing that the defendant was held on fugitive from justice charges, can the DA file those new charges, and would those new charges be known BEFORE or AT the gagnon1 hearing, or would they come as a surprise during the gagnon 2 hearing? We have heard no word of new charges, and I have been in contact with both the attorney and probation officer.

Expert:  Samuel II replied 1 year ago.
Hi

Thank you. You see if you read one of your responses you said that while in MN he was already charged and I suppose that is where you may feel that I was not sure of my true and correct information because I was also trying to explain that

If in fact, as you stated, that charge has been filed while he was in MN then the charge is filed. You wrote the following

He was indeed held under a fugitive from justice charge while sitting in MN awaiting extradition.

But if it was not and the DA does file the charge, it would not be mentioned at either Gagnon hearing. The DA would serve those charges upon the accussed after the hearings not before.

Once the Gagnon hearings are complete and it is determined what will become of the probation violation, then the there would be a Preliminary on the new charge of Fugitive for Justice. The violation has to happen first to support the new charge, you see.

Then there is a plea or a trial on that new charge. As I stated previoiusly, the DA can recommend in a plea that the sentence for that be run concurrent. If there is no plea, then of course, that would mean the DA has no desire to run the charge concurrent and will be looking for a consecutive sentence.



I think I have answered your question. Remember, I can only answer and provide true and correct information for what you ask. Please remember that I do not write the laws, I only provide the true and correct information on the laws.

Otherwise, please rate this service below Good to Excellent so that I may get credit for my time and information. Rating will not close the question and it will always be available for follow ups. A Rating will only close a CHAT and then convert it to a QA where you can always access it.

Thank You and good luck with everything
Customer: replied 1 year ago.

I still don't know how to move forward and/or contact. I appreciate your advice, but am not willing to pay for an answer that does not provide direction. Thank you for your time.

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Samuel II
Samuel II
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Handle criminal matters in both state and federal courts.