Q: My fiancé was sentenced to house arrest in December and we have not heard anything. Is there a statute of limitations? (Pittsburgh, PA)
A: It sounds like your fiancé was sentenced already, so there is no 60-day rule that applies to the time one must be sentenced after an adjudication of guilty. I assume you mean, house arrest, electronic home monitoring? It sounds like you need to call the Adult Probation Office of Allegheny County and explain what has happened. It seems like an oversight. I would check to make sure they do not have an incorrect address for him which could lead to problems.
Q: My business and all my vehicles are registered in PA but I live in another state. Will I have to do house arrest at the address that my license says or can I make a move and change the address before all this stuff comes down. I don’t want to put burden on my parents. It happened January 3rd. I assume I will have to go to school and might have to get one of those breath thingies in my car. I’m scared, frankly. (Boardman, OH)
A: It will be treated as a second DUI as it is within ten (10) years of the last one. As such, the statute reads 30 days to 6 months imprisonment and a $750 to $3000 fine. Of course, you will have other fines and costs, have a CRN evaluation and attend safe driving classes. If it is Allegheny County, you may be eligible for house arrest. Allegheny County will transfer your probation to the out of state county in which you live. What might be tricky, is transferring house arrest, electronic home monitoring. If the county in your state does not have such a set up, the Allegheny County probation office may not transfer it and you will have to set up a residence in Allegheny County, or do jail or alternative housing in Allegheny County.
Q: My brother was arrested for attempting to steal a motor vehicle. He got house arrest for 11.5 months. About four months in, he freaked and cut his bracelet off with a hacksaw and went drinking. He turned himself in two days later when his wife wouldn’t let him in the house. (Millvale, PA)
A: There is too little information here to give a thoughtful answer. I don’t know his prior record, whether he was charged for escape for cutting off his collar, whether the trial judge for the auto case revoked his bond, etc. My thought is that the trial judge revoked his bond and is going to let him sit a while and see if he is charged with escape for absconding house arrest. Turning himself in never hurts. If my assumptions are correct, I do not think the trial judge will reward him by granting a motion for him to return to house arrest again or alternative housing for the holidays. It may be Christmas in jail for your brother. He should ask his lawyer.
Q: I was on house arrest and cut my monitoring bracelet off and now I’m moving to a different state. (Pittsburgh, PA)
A: I hope it was worth it. You will be charged with Escape and a warrant will be issued once you fail to appear at your Preliminary Hearing in Pa. You may also have a probation warrant issued from PA. At some point in the future, if you should encounter law enforcement in the new state, even for something fluky, the PA warrant will show. You will be held for extradition in the local county jail until PA comes for you after being notified by the holding state. Whether PA will or not, is hard to say. However, sitting in the jail waiting to find out will not be a good experience.