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Can you please tell me what happened in this situation, so I can better understand your question and can provide you with the best answer.
I am on probation. Upon leaving mm
The policeman took downy info and said it was in the po hands??
so you got pulled over while you were driving on suspended license?
you were not cited by the police officer, correct?
the po told me to pull over while she called police
no citation was issues
however, she said it will be issued if she has anything to say about it
incident occured last thursday and as of monday nothing was filed
So basically, the police officer left it up to your probation officer?
I spent 4 nights in jail until judge refused to violate me
you spent 4 nights in jail because you were stopped driving while suspended which triggered probation violation hearing?
Have you spoken to your PO about this situation?
the po held me no bail because it was dui related
Basically, your PO saw you driving and called the police to document the act?
This is an unusual situation, as normally a citation would be issued to support the probation violation, not the other way around.
yes, he said nothing was filed as of monday but the po that arrested me is his supervisor. he stated she will not let this go
thank you for this clarification.
is the po able to issue citation?
basically, this would be a misdemeanor in PA
when will I know?
PO can advise police officer who responded to have the citation issued within 2 years from the occurrence of this misdemeanor crime.
So, basically police has 2 years to issue the citation.
is penndot notified
Unfortunately, there is no way to know for sure whether you would be cited, but if the probation department supervisor is very eager to have you cited for this crime, I am afraid that the chances would be stocked up against you.
they would be notified if the citation for unlicensed driving is in fact issued.
If the officier didnt see me driving....still may cite me?
*I meant to say "citation for driving while suspended based on DUI"
the PO would be a witness
what will happen to me?
Well, your probation might get violated unfortunately and it would be up to the judge as to whether violate your probation and also up to the judge as to whether sentence you to jail on suspended driving charge.
It is hard to guess as to how the court would sentence you, without knowing your entire criminal history and other relevant facts.
Driving under suspension – DUI related, is a summary motor vehicle offense in Pennsylvania that carries a mandatory jail sentence.
I will not be violated.....
For a first offense, you are facing a five hundred dollar ($500) fine and a mandatory jail sentence of 60-90 days.
You will also be facing additional license suspension of one (1) to two (2) years.
I know this is "bad news" but I know that you want correct and accurate information.
Do you have any related follow up questions?
how do I inquire if charges filed
If they are you will be notified in writing
or possibly an arrest warrant could be issued.
but generally you would receive a letter from the courthouse where your case would be filed.
would my po know all this
I would suspect that your PO and the PO supervisor are in control of this situation.
if the suspension is for reckless driving
jan 2012 to jan 2013 suspension was for dui. jan 2013 until july 3013 was reckless driving
It would be considered a DUI related suspension.
dui and reckless driving were 2charges from same incident
so I should prepare for 60 days in jail
I cannot tell you that, as each case is different and you have not even been charged with a crime
What I could tell you, is to consult and retain an experienced local criminal defense attorney to represent you , if you are in fact charged with driving while suspended related to DUI.
Does that make sense?
what could they do for me if sentence is standard
Possibly negotiate a plea to a reduced charge, which would allow you to avoid jail.
should I call the police to check if filing is pending
You can check with the local court where you were seen driving.
Police would not give you this type of information.
But once again, if you are charged with this offense, you would be properly notified, so I understand it is easier for me to say, than for you to do, but worrying about this situation would not help or change any possible outcome at this point.
Do you have any related follow up questions for me?
so it is not uncommon for cop to not issue citation at the tome of incident
Someone can be charged with a misdemeanor crime within 2 years from the time the alleged crime took place.
I wish you the best of luck.
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would court info be online
some courts have the online access and some do not.
you would need to check with your local criminal court.
No charges so far......
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