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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118199
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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son is incarcerated at the Pitt state for 3 DUI in 3 mos.

Resolved Question:

son is incarcerated at the Pitt state for 3 DUI in 3 mos. was sober until his fefor 8 yr took his kids, accused him of dom violence, she was the offender (he broken nose & black eyes.) She bruises on arm. She got PFA and set him up on delivery of $7,000 .she had cops waiting probation from bruises. He did 4 mos. for prob violation She sold house,had the real estate lady bring POW to sell house. W/O knowing all funds would go to her.She took $8000. When out of jail he went on a binge, got3 DUIs. Had a pub def for DUI. He got 18mos/5 years with judge expecting he would get on PA's FIP program. Was rejected for attend a batt prog for 9 mos. lack of state funds that program was reduced to 6 wks. then sent to Pitt for an intense 9 mo. funding is not available for OPP is on hold. His min will be May and he still has to due the OPP that is in the prison. He will be req to stay at Pitt until funds are there. The program does not exist. all gov offices say wait.He is lost in prison.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 8 years ago.
You need to file a writ of Habeas Corpus, since the program he has been ordered to attend is not available, they cannot hold him in prison for life until funding comes available. He is entitled to an attorney and you need to get him one to file the writ to get him released.

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