Legal Question in Appeals and Writs in Pennsylvania

Pbpp

Is it legal for the Board of Probation and Parole to give a ''hit'' of 9 months to a parole violator and after the 9 months give an addition al ''hit'' of 2 years for the SAME violation-(tech. disorderly conduct)?


Asked on 12/29/07, 11:01 am

1 Answer from Attorneys

Brian Zeiger Levin & Zeiger LLP

Re: Pbpp

Technical and direct violations are totally different. You can get a technical violation for many many reasons. For example, not reporting, not living at the address stated, owning a cell phone, dirty urine, etc. A direct violation is a conviction for a new crime.

Normally, when someone gets arrested on new case, they obviously have a to wait a while until that case comes to trial or gets thrown out. While waiting for the outcome of the new case (also call ed the front case), the parole board can violate on all of the techs on the old case (also called the back case).

Once the front case is over, if the parolee is found guilty or pleads guilty, the parole board will hit him again.

From the sound of your question, he was violated for techs, then was found or plead on the disorderly, then got hit again for the direct. Email back if I did not understand your question. Good Luck.

Read more
Answered on 12/29/07, 10:41 pm


Related Questions & Answers

More Appeals and Writs questions and answers in Pennsylvania