Tag Archives: PROBATION

How to remove an order from previous sentencing?

Q: I got a DUI at college Johnstown. I want to apply for early termination of my DUI probation. I filed the motion, my lawyer was late on court day just to tell me that the DA has papers stating there is a no early termination of probation clause in my DUI plea papers. Is there a way to remove this from the order? All my fines are all paid, my supervision is completely up to date and over paid. I’ve met every requirement asked and have completely made a 180 in my life. I want to create a better life for myself but they make it difficult. For me to move, there are many hoops to jump through and a great deal of money to be lost. Any help/suggestions are more than acceptable! (Monroeville, PA)

A: You can only change an order with a new order that vacates or modified the prior one. Every county is different but what it sounds like to me is that the DA objects to closing your case early. The DA doesn’t make the decision, the judge does. However, if the DA will not agree to it the judge most likely not either. Legally, the judge could deny you based on well-grounded law that says the judge has no jurisdiction to modify a sentence after 30 days. The DA could be viewing this as such an attempt to modify your sentence or even go back on your plea agreement. In that case, it would be a waste of time to present such a motion. I would ask your attorney if he or she thinks it is worth going forward with the petition to the judge regardless of the DA’s position. Your lawyer should know the history of the judge and the practice norms in your criminal court house enough to properly advise you.

What does someone on Megan’s law need to do to be with kids?

Q: My fiancé and I want to get married but I recently got custody of my two granddaughters. Can he be able to stay in my home with me? He seems to like kids.

A: Your fiancé should know. If he doesn’t, that is a potential problem. When he entered his plea, he should have been given an explicit list of terms and conditions of his probation and Megan’s Law requirements. No one can answer this question without knowing these details or whether he was deemed a sexually violent predator. He may have been psychologically tested as part of his Megan’s Law requirement. If his story is that he lost his paperwork, or cannot remember such an important event in his life, he should get in contact with his former lawyer or probation officer to clarify. In addition, in the tragic event that something does happen, you may have criminal liability if you are aware of this past.

Can I get off probation if I still owe $16, 000 in restitution?

Q: I just saw my probation officer today and I expressed that I really want to get off of probation next year. It ends in five years. However, the amount I still owed is lower but not the full amount. The probation is in Westmoreland County. But I’m supervised in Allegheny. My PA said that the county might not let me off until the monies are paid in full and my probation will be extended if I do not meet the deadline. Is there any other option I can go with beside paying it all off in one-year. Will it help getting a lawyer, paying off half in one year or something? Should I rob a bank?

A: Normally, a probation case cannot close until all conditions are met, including restitution. However, I would review all the facts with local counsel and see if it is worth filing a Motion for Early Termination of probation. For example, if the victim to whom restitution is owed will accept a negotiated lowered lump sum payment and the DA agrees, maybe it can happen. I did this once or twice over the years. The chances are against you but it might be worth asking.

How good are my chances of getting an extension of my ARD program?

Q: I was given ARD probation of one-year for a DUI. This is my tenth month on ARD and have completed all the conditions of my ARD program except for the 30 hours of community service, which I will complete before my ARD term is over. The only other condition I have not completed is the $3,000 in fines and restitution. I am a student and working every day to get a job.

A: You do not want to lose your ARD. Try to get an extension from the ARD probation officer. If you are summoned to the court for an ARD revocation hearing, be prepared. If you cannot afford counsel, bring all records of your bills, and income to prove to the judge that you are trying but are financially limited.

Will an intense therapeutic of over 250 hours qualify for Act 122 for PA DL restoration?

Q: I am in an out of state prison now, due to some bad decisions that I made. I went through Therapeutic Community in the DOC. It was like brainwashing, but I was top of my class. I want to know if this is equivalent, or better than what the DUI court in Allegheny County has ordered be taken and accomplished. And if it qualifies, who do I fax completion forms to.

A: Call Allegheny County Clerk of Courts and ask for the person who handles Act 122 compliance. That person will know. You can also write to him or her.

 

Would it be a violation of probation to be signed out of high school at 16?

Q: I recently started probation and I’ve been failing my classes for a while now and making no significant progress. Parents said if I don’t improve my grades they’ll sign me out and I’ll have to get a job. So, if they were to sign me out would it be a violation? And would getting a job soon after being signed out make it any better or not a violation if it is?

A: If staying in school is a condition of your probation, then yes. If you leave school, it would be a violation of your judges’ probation conditions. Education in PA is compulsory until age 17. This means you must stay in school until age 17. At age 17 you can sign yourself out. Until then, you cannot miss school unless you have a valid excuse, such as a note from your doctor. If you miss school without an excuse, your parents can be cited for truancy, summoned to the District Justice and fined. If you are failing, you may want to talk to your counselor about an Individualized Education Plan (IEP) or an alternative school or cyber school. Stay in school and get your diploma.

Can two people live together that are on probation?

Q: He has been on probation, and she just got on probation. They are married and expecting a child.

A: There is no law against it. It is only a problem if it violates a term or condition of their probation. If it was not listed on his terms of probation paperwork or the judge didn’t state it on the record, it is not a violation. You can always ask the probation officer but you will need to decide if you want to open that can of worms.

Can two people live together that are on probation?

Q: He has been om probation, and she just got on probation. They are married and expecting a child.

A: There is no law against it. It is only a problem if it violates a term or condition of their probation. If it was not listed on his terms of probation paperwork or the judge didn’t state it on the record, it is not a violation. You can always ask the probation officer but you will need to decide if you want to open that can of worms.

Son’s Probation Officer Says I Can’t Have Firearms in MY House

Q: My 19yr old step-son who still resides in MY house just got two years of probation. His probation officer is telling him I’m not allowed to have MY firearms in MY house while he’s on probation and living here. MY firearms are locked in a steel safe and I’m the only one who knows the combination. Don’t I have any rights here? What are my options?

A: Obviously, unless you are precluded from possessing firearms under PA or Federal law, you may keep an entire arsenal in your home. However, if it is a condition of your step-son’s probation that he may not live in a home where firearms are kept, he cannot live there while on probation. This law is not directed to you, but to him. Your options are to transfer possession of the guns to another person, transfer your son to another person whose home is acceptable to probation, or, have an attorney file a motion with your son’s judge to lift this condition of his probation.

I’m not trying to go to jail. I have a family to support

Q: Am I looking at time in jail and with what my attorney says he can’t tell me for sure? I am looking at 10 counts of Receiving Stolen Property 10 counts of Theft by Deception-Fail to Correct. I live in Moon Township but my case is in the Beaver County Courthouse. This is my first ever criminal offense. My main objective is to avoid the jail. I can pay the restitution of the amount at 1400.00. The cop said because of me cooperating he would let the DA know. Also, I am an ex correctional officer and a veteran. My main concern is I wanna have good representation. Not to say anything bad about my attorney but should I consult with others as well? I’m not trying to go to jail. I have a family to support. (Moon Township, PA)

A: First, you should have this discussion with your attorney and be candid with him that you are not happy with his uncertainty of your case. Another attorney would need to know all the facts to determine what your options are. There is nothing barring you from speaking with several criminal defense attorneys. In Allegheny County, with no criminal record, the fact that you can satisfy restitution, and if the DA agreed, you may have some better options than jail. Has anyone mentioned ARD? An ARD disposition mean no conviction and if you completed the terms of your ARD probation, your record would be wiped clean. Whether Beaver County offers this is up to the DA, but I would inquire about ARD as well as a dismissal in exchange for payment of full restitution. It may be that your DA has decided not to resolve your case without a guilty plea. In that case, I cannot see why probation is not possible.