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My grand-son is on his third probation violation he knows he…

Customer Question
My grand-son is on...

My grand-son is on his third probation violation he knows he will do time but we don't want him to go to state prison ,the violation his not afelony

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

Pa Montgomery county

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

No

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

I don't think so

Submitted: 6 months ago.Category: Criminal Law
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Answered in 2 minutes by:
12/6/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,869
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. Are you asking whether he can remain in a county facility?

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

Thank you. Give me a few minutes to compose a reply for you.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

Pennsylvania has some grades of misdemeanors that can be punished by more than a year in jail. If your son's misdemeanor is a lower class of misdemeanors and the maximum amount of time he can do is a year or less, he will serve his time in a county facility.

If on the other hand, the maximum amount of time he can do is over a year, then it's going to depend entirely on what the judge sentences him to for the violation. He can be resentenced to any amount of incarceration up to the maximum the law allows for the crime to which he pled guilty.

If he's resentenced to more than a year, they will move him to a state facility. They are equipped for long-term sentences, while county facilities are not. Additionally, they have programs that county facilities don't. However, your son will be entitled to a hearing on the violation and his lawyer can make an argument as to why he should be resentenced to a year or less, which would enable him to remain in county.

If there's some specific reason that needs to stay in county, make that reason known to his lawyer who could address that with the judge at the hearing.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 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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