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My brother is on house arrest for 2 DUI is Pennsylvania, He…

Customer Question
My brother is on...

My brother is on house arrest for 2 DUI is Pennsylvania

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

He was surcharge from his IOP since he relapse and he was drunk. What can happen to him or what he can do with his parole officer. Lancaster, Pennsylvania

Lawyer's Assistant: Have you talked to a lawyer yet?

Discharged

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No no yet!!!!

Submitted: 9 months ago.Category: Criminal Law
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Answered in 3 minutes by:
9/20/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 9 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,950
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Did you mean "surcharged" or "discharged?" Is he on probation or parole?

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Customer reply replied 9 months ago
Discharged
Customer reply replied 9 months ago
No call please.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 9 months ago

That's what I thought. I also wanted to know if he was on parole or probation. They are different and many non-lawyers mix them up.

Please give me some time to type a full answer to your question.

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Customer reply replied 9 months ago
He is on house arrest and parole for 5 years after his house arrest is over. My questions is what can happen to him once his parole officer finds out he was discharge from the program, but he has not violated his house arrest but he relapse on his drinking?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 9 months ago

If your brother is on house arrest and a condition of his being at liberty involved being in a treatment program, then he's going to be violated. He really needs to contact his lawyer and see if the lawyer can find another program that will take him. House arrest is typically the last option before jail and if his lawyer can't help put together some kind of plan and argument as to how he's back on track, he's going to go to prison. He'll be entitled to a hearing on the violation, where his lawyer can try to get him restored to house arrest.

A relapse does violate the terms of his parole, even though it doesn't result in an arrest. And the discharge from his program hurts him as well. He's also supposed to convey this information to his parole officer. If his program tells his PO before he does, that's going to count against him too.

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Customer reply replied 9 months ago
The program wants him to get admitted so he doesn't go to jail and they don't have to report to his PO, but let his PO know the recommendations of being admitted.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 9 months ago

In-patient is a good plan if the defendant wants that. I have never seen the state take someone out of a long-term drug program to put him in jail if the defendant is working in the program. He should discuss this with his lawyer who can help him find a program that the court and parole would approve of.

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Customer reply replied 9 months ago
I will contact his lawyer again.
Customer reply replied 9 months ago
He was impatient back in February of this year!!! Would the second time will count against him??
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 9 months ago

Right now, unfortunately, everything is already counting against him.

Rehab and out patient treatment clearly wasn't enough for him. He probably needs something more than rehab to satisfy parole this time. He may need to put himself into a full-scale 18 to 24 month treatment program to avoid prison.

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Customer reply replied 9 months ago
Inpatient for 28-24 months??
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 9 months ago

He needs to talk to his lawyer. Like I said, rehab/house arrest/out-patient treatment failed, and parole is likely going to want him in prison. What indication is there that rehab/house arrest and another outpatient program will work this time? Possibly not enough to interest parole.

When his program recommended in-patient treatment, I doubt that they were talking about a handful of weeks of rehab, unless his program is saying they are willing to take him back after rehab. That would be something that Parole might accept.

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Customer reply replied 9 months ago
They are willing to taking back after rehab!!! I spoke with his therapist.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 9 months ago

Okay. That's helpful. A more intensive treatment program would be a fallback argument if Parole rejects it.

Get the lawyer on board.

Good luck to your brother!

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 9 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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