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.
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.
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.
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.
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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