Tag Archives: VIOLATION

Will ex do jail time for assault while on probation for Endangering the Welfare of a Minor?

Q: My X-wife is on probation for Endangering the Welfare of a Child. She got a simple assault charge for punching my mom on her property. Being that she is on probation, will she get jail time? If so, how much? (Pittsburgh, PA)

A: Assuming she is convicted, she faces two possible sentences. One, is from the probation judge for violating his probation by committing a new crime. The second one would be for the new, simple assault crime. There are many factors that the judge on the new case must consider in fashioning a sentence for a defendant. There are the sentencing guidelines which consider her prior criminal history and offense gravity score, how bad was her criminality in the probation case (what type of harm did she cause to a child), how bad was her criminality in the new case, was she on her own property or on your mom’s, did mom provoke her, etc., how long was she on probation until this episode happened with your mom, did your mom have injuries? She could get some time in the county jail, or she could get probation. As to the probation judge, he considers many factors as well, but mostly how she complied with his probation. By punching someone on his probation, he will be disappointed. My advice is to ask her attorney.

Got a notice for an ARD violation notice, what can I do?

Q: I got a first-time offense DUI and was accepted into the ARD program. I haven’t paid off my fines and I still need to take one class. I have one month to my court date. If I pay off the rest of my fines and complete the class before I go to court can I possibly not get my ARD revoked? Should I contact my PO tomorrow to see if they have any advice, or is it too late to call them? (Pittsburgh, PA)

A: Yes, in Allegheny County, all is not lost, especially if you have a month to get it together. You need to be proactive and get everything done. Call your PO immediately and give him your spin on your recent financial difficulties. If you pay and complete your class before the hearing, and the PO still wants to go through with the hearing, you should probably take a lawyer to court. You don’t want to have your ARD revoked because it is a one-time deal and will prevent you from having a record.

Can I get Taser?

Q: I have a misdemeanor 1 in PA for a second DUI. I read sections pa 18 908.1. Section C states that people who can’t possess firearms in PA can’t obtain a taser if you have something in pa 18 6105 prohibited person not to carry firearms. I understand that I may not possess a firearm due to federal regulation us 18 922 sections g because my DUI may have carried more than 2 years imprisonment therefore baring me from a firearm federally. Would this also make me ineligible for a taser since this is a federal issue that I was barred under and not a state issue? I am confused because it is listed in section pa 18 6105 that if you are federally barred you can’t possess a firearm in PA state law and therefore no taser? Sorry for confusion didn’t know if anyone could clarify this mess for me. (McCandless, Twp., PA)

A: No. If convicted of a crime punishable by more than a year in prison, you are ineligible to possess a firearm under federal law. If you are ineligible to possess a firearm under Federal law, you may not possess one under Section 6105 of the PA Crimes Code. Your DUI was a Misdemeanor 1 which is punishable by more than one year in jail. (not more than five years on jail) It is not only a Federal issue with tasers, but a PA state issue as well. 18 PA C.S. § 908.1 c, prohibits you from possessing such an electronic device if you are barred from possessing a “firearm” under section 6015 of the PA Crimes Code.

What happens if I violate before it started?

Q: I was pulled over and received a simple possession charge a week before my introduction to the ARD program for a previous DUI charge. What’s the best course of action from here? (Peters Twp., PA)

A: You need to get the simple possession charge withdrawn or reduced to a summary offense at the District Justice level. If that is not possible you should try for a Probation Without Verdict (PWV) disposition at the trial level. It is still possible that the DA will revoke your ARD. I would talk to your lawyer immediately so he or she can check what the current DA policy is on this. The last time I had a client in this situation, the rule was that you could have a prior PWV and get ARD, but you could not have a prior ARD and get PWV.