Tag Archives: PROBATION VIOLATION

Will I go to jail? I am a minor and an honors student.

Q: I’m on probation for selling drugs turned from felony to misdemeanor. I’m 17 years old and recently am going to court for DUI. I got pulled over and admitted I had been drinking. I know I will need a lawyer. What will most likely happen in court since I also violated my probation. Also, I don’t think I’ll be able to get a lawyer because of my family income.

A: Being arrested while on probation, will be considered a probation violation, if you are adjudicated delinquent of the new offense. This means the probation judge can hold a probation violation and sentence you on the probation violation. You need to stop doing whatever it is that you are doing, and, try to get a lawyer. Apply to the Public Defender. If you qualify, you will be assigned a lawyer. A good lawyer can look at the case to see if you have a defense, and if not, mitigate your damages. You will also receive a lengthy driver’s license suspension for DUI while being a minor. The biggest challenge will be to prevent you from getting a criminal record. The juvenile court system is designed to rehabilitate youth and not to punish-at least it is thought to be. My thought is that either of your judges will be inclined to order more intense drug and alcohol counseling through your probation. You may want to be proactive and get yourself a Drug and Alcohol evaluation and follow any treatment recommended before the final court date on your case.

How to get DV charges dropped when I didn’t tell the whole story?

Q: My boyfriend and I were in a fight. I just lost a baby and found out he was cheating. I attacked him. He did not put his hands on me just detained me but I told police he did. He is on parole and is now in jail with a detainer.

A: These situations are complicated. Having charges dropped once they are filed is difficult but not impossible. You cannot just ask the police. The case will have to proceed to a preliminary hearing at which time you will be spoken to by the police, the DA and a victim/witness counselor. You will have the opportunity to speak with the victim/witness counselor and talk about this relationship and what you want to see happen. If there is no domestic violence history here, it may be possible for a withdrawal or a withdrawal after a continuance and domestic violence counseling. There is too much unknown her to advise with any certainty.

On probation, crashed into a pool. DUI. Am I going to Jail?

Q: My little sister just passed away and my mind was not in the right place and I was driving drunk and crashed into a neighborhood pool (closed). This is my first mess up on probation and I never been in jail. Do you think I’ll get longer probation or jail time?

A: Much more information would need to be known before any lawyer can answer this question. I suggest you consult with a lawyer immediately. In Allegheny County with a DUI, if you are not ARD eligible, you may receive alternative housing or possibly house arrest, but jail is a possibility too. Again, more information is needed. As you are aware, your probation judge can treat your DUI offense committed while on his or her probation as a probation violation and potentially sentence you to jail or extended probation.

Will girlfriend violate probation in PA for DUI if arrested before probation in PA?

Q: My friend got a double DUI here in Pennsylvania all the court stuff is done. My friend is on probation but my friend got a DUI in Georgia before my friend even was on probation here but their court system is slow there and she just recently got the charges reduced to exercise of due care a slap on the wrist no DUI. But, with that, is that a violation of probation in Pennsylvania even though my friend got in trouble in Georgia before trouble in pa but Georgia’s court done after getting probation here. (Munhall, PA)

A: I think what you are asking is, can one be in violation of probation on the first case for committing a new offense, if the person was not sentenced on first case before getting arrested for the new offense? The answer would be no. The new offense would not violate probation on the first case if probation on the first case didn’t start running. Your friend should review the details with her PA attorney to be certain of the dates.

On probation for Felony. Now, two new DUI charges!

Q: What if while on a felony probation, someone gets a DUI for drugs, then a few months later gets 2nd DUI for alcohol? My nephew, while on a felony probation, wrecked and totaled three cars while under the influence of heroin. Then 5 months later he got a 2nd DUI for driving under the influence of alcohol. Can you tell me what type of consequences he is facing? He is being held in jail awaiting the hearings for these offenses. Thank you.

A: He could face violation time from his probation judge. I am not sure if his bond is holding him in jail, or a probation warrant/detainer. On the two DUI’s, assuming he has no prior DUIs within the past 10 years, they will both be treated as a first if he didn’t plead on the first one yet. In Allegheny County they may offer him a Phoenix deal which will be DUI hotel for a weekend and all the normal fees and charges and probation that comes with a DUI. He may also be able to get house arrest. As for the probation judge, that judge may hold him as his behavior is certainly consistent with someone that has an out of control substance abuse problem. If the probation judge will continue to hold him, you may want to consult with an attorney about the chances of filing a motion to permit him to transfer to a rehabilitation facility pending the violation hearing.

 

PAROLE VIOLATION-WILL I MAKE BOND?

Q: I violated my parole in PA can I get out on bond?

A: It is hard to tell what you are asking without more information. I will assume you are on parole and not probation, as there is a difference. Normally, you will have a Gagnon I hearing to determine if you should be held in jail pending a final hearing on whether or not you violated your parole, which is called a Gagnon II. If you are under jurisdiction of the PA Board of Probation and Parole, generally, your penalty will be more harsh and predictable. If you are still under jurisdiction of the judge who sentenced you, you may, may, have more flexibility in having an attorney petition the judge for relief such as alternative housing or electronic home monitoring. There is no bond with probation or parole violations. The way to get out of jail is to have either the PA Board of Probation and Parole, or the judge who sentenced you, whichever has jurisdiction, to grant you relief. This is normally done by having an attorney file a petition requesting such relief. Generally, filing such a motion with the PABPP is not worth it.

WILL .02 BREATHALYZER TEST KEEP ME IN JAIL ON PROBATION VIOLATION?

Q: I violated my parole in Pa with a .02% breathalyzer, can I get out on bond? My original sentence was 6 months house arrest with a home breathalyzer box. I’ve had 2 DUIs in the past both 1st offenses. I have never violated before no new charges. I live in West Virginia my house arrest was sent down here. My parole officer had me sent back to PA, even though PA stated they did not want me and to try and file for a faster hearing to get in and out.

A: If you are on probation or parole you can be detained and forced to sit in jail if your probation officer has probable cause to suspect that you violated your probation. Normally, an alleged probation violator is given a Gagnon I hearing to determine if he should be held in jail further. If he or she is held in jail, the next hearing is a Gagnon II to determine if he or she actually violated the probation terms and conditions . There are two ways a person can be released prior to the Gagnon I or Gagnon II hearing.  The first is if the probation officer makes the request to the court, which is often not likely. Secondly, you can hire counsel to petition the judge to lift the detainer and he is successful in convincing the judge you should be released from jail. There is no bond on a probation violation. It is the probation detainer that holds you in jail. If the case is reviewed by an attorney, he or she can determine if it is worth filing a motion.

WILL JUDGE JAIL ME FOR NOT PAYING RESTITUTION?

Q: I have a hearing in a few days for violation of probation for restitution. I have always tried to give something as well making payments of $500-$900 during tax time. I am a single mother of four and have no income except from my part time job. Will they send me to jail that day I am so scared?

A.I really don’t know enough about your case to advise you as to whether the judge will put you in jail. If you pay something per month, or at least have made some payments, and, if you have not violated your probation in a major way like hot urine tests, new arrests, etc., the judge will probably be sympathetic to your situation. Bring proof of payments to the hearing. I would also bring proof of income and proof of household expenses and children’s unusual expenses to the hearing.