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i am on probation for dui. I received a summary citation a month ago. i just admitted this to my p.o. and he theatened me with jail. What can he dob to me?

Submitted: 375 days and 14 hours ago.
Category: Criminal Law
Value: $30
Status: AWAITING CUSTOMER ACTION
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west chester, Pennsylvania

Already Tried:
i don't understand how i will get my answer from you. I didn't get a chance to offer you my email address. Please help. XXXXX@XXXXXX.XXX

Posted by Dave Kennett 375 days and 14 hours ago.

Answer

Dear XXXXXXXXX - He could recommend to the court that your original sentence in the DUI be imposed. It would be up to the judge to decide whether to actually send you to jail. This will most likely depend on how serious the new charges may be. I cannot predict what any PO or judge will do in any given case as it depends on so many variables.

 

I do know that when you are on probation you always need to be up front with your PO because if he or she thinks you are concealing information it will eventually be worse than simply telling the truth.

 

David Kennett - JD - Attorney at Law

375 days and 13 hours ago.

Reply

This was a very lazy, thoughtless answer. I do not accept it at all. I should have received an answer that covered most or all of the options that my p.o. has. Ideally, it would include a legal opinion as to how severe the penalty might be based on the fact that I clearly spelled out that I committed a "summary" offense.

Answer

I am sorry but since I didn't know what your original penalty was for the DUI I had no way of knowing what you faced if your probation was revoked. Whatever that original sentence was could be imposed. You PO cannot impose the sentence since that is up to the court. Any sentence with respect to the new charge is at the discretion of the court and not the PO.

 

In addition, you did not include the statute under which you were charged with the new offense so I could not research that statute as to penalties. You certainly do not have to accept my answer but I answered as best as I could with the information you provided.

 

Dave Kennett

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Expert: Dave Kennett
Pos. Feedback: 98.4 %
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Answered: 11/12/2008

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25 years experience practicing attorney

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