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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22531
Experience:  Handle criminal matters in both state and federal courts.
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My girlfriend is in jail on a probation violation in Westmoreland

Customer Question

My girlfriend is in jail on a probation violation in Westmoreland County, Pennsylvania. Her violation hearing was about a month ago, after she had sat in jail for 6 weeks. She failed 5 mouth swab tests, but no urine tests. Her P.O. violated her on her last day of probation. She was on probation for a 2008 forgery charge. Her P.O wasn't able to be in court , so another Probation officer handled the hearing. It turned out to be my P.O. that represented the probation office. At first the judge was going to give her a year in jail, but my P.O recommended DRC, which is Daily Reporting Center . It is a very intensive program and she was also re-sentenced to 3-23 months to be paroled to DRC after an evaluation. So she agreed to the terms, and had her DRC evaluation last week. She was accepted into DRC, but she received a letter yesterday from DRC that her probation officer is appealing the decision and wouldn't sign the papers to let her out. I have hired her the same lawyer, and he is going to file a motion to have her released to DRC and also to have her probation officer changed, as it is obvious that her probation officer has a personal problem with my girlfriend. What are the likely outcomes ? I would assume that the judge would stick with her original decision since there is no new evidence or charges . Her P.O is just mad because she wasn't sentenced to a year in jail. She is obviously very biased. Is there a good chance that the judge will realize this and give my girlfriend a new P.O. ? Is there any chance that the judge could actually take back the new sentence of 3-23 months probation with DRC because the Probation officer isn't happy with the decision ? Normally I would say no, but this is a tough judge and I thought that 3-23 months was a harsh sentence for someone who had No new charges. What are the likely outcomes ? Thank You ! Michael
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.
Hello

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

I suggest that the judge will not reconsider and will allow your GF to remain on the probation with the daily reporting and if she messes up then will take more drastic steps.

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22531
Experience: Handle criminal matters in both state and federal courts.
Samuel II and other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Is it reasonable to ask the judge to give her a new probation officer because we feel that no matter what my girlfriend does, that her probation officer is going to continue to find ways to put her in jail. Basically, I told the attorney I am hiring to ask for a new probation officer before the first hearing, but he didn't. I told him that I would not retain him unless he told the judge that we believe that her P.O. cannot be impartial or fair. And we believe that she needs t be removed from the case. Is that unreasonable or unrealistic ?

Expert:  Samuel II replied 1 year ago.
Hello

Yes, it is reasonable and appropriate to make such a request.

I suggest you can tell the judge that there seems to be a little anomosity and that the PO violated her on the last day and she is just not comfortable with the old PO.
Customer: replied 1 year ago.

She hasn't started DRC . I'm saying that is her new sentence really has not started yet because she has not been released from jail . My girlfriend was only on regular probation before she was violated . So she has never been in DRC. They have accepted her , but her P.O is appealing the decision. And you are saying that you don't expect the judge to reconsider, and keep my girlfriend in jail ?


 

Expert:  Samuel II replied 1 year ago.
Hello

Oh No. I apologize for the misunderstanding.

I thought you said the judge granted the DRC.

Has the judge granted that?

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