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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24434
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have been sentenced to house arrest while suspended. NO

Customer Question

I have been sentenced to house arrest for driving while suspended. NO DUI's No prior criminal record. Is there anyway I can get this reversed and my licensed returned back to me.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

Unfortunately, your lawyers are correct. IF, and it's a big if, you were to succeed in getting your plea back by virtue of an appeal or post-conviction motion, you would have to go to trial on the case. You won't get a better offer than the one you'd be walking away from, and you risk doing conceivably worse. Then too, since your license was already suspended before you got arrested for this most recent offense, the appeal wouldn't solve your problem.

I'd love to be able to tell you what you want to hear, but I'm compelled to give you an accurate answer. The law of your state not does provide for a favorable outcome for you in this situation.

I am very sorry to be the bearer of bad news and ask you to kindly refrain from shooting the messenger.

Customer: replied 1 year ago.
Thank you for your input. I have spoken to several repeat offenders who have said they have gotten off easier then I have and that I should seek legal council. I just want to be able to get my license back after completing the sentence. Is that anyway possible and is there a way to reduce or vacate the house arrest sentence?
Don't worry I am not trying to add more time to my sentence by shooting the messenger. I appreciate the help
Expert:  Zoey_ JD replied 1 year ago.

LOL.

Generally a judge would consider terminating supervision early if a defendant has served at least half of his probationary sentence, has not violated any of the terms of his supervision, and owes no fines or fees. If you have a PO who is supervising you, his or her approval is an important factor in the equation. Although a judge has the ability to terminate your supervision early even over your PO's objection, they tend not to do that unless they are faced with a clear injustice.

Note though that even in the best case scenario -- you get your sentenced reduced or vacated -- this is the criminal court matter. PennDot is going to make its own assessment of you, no matter when you get this case behind you. That's an adminstrative matter that has nothing to do with your case. if they don't feel that you are ready for reinstatement, they will not grant it without subjecting you to further requirements.

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