Legal Question in Criminal Law in Pennsylvania
Pennsylvania Superior Court just ruled that my county "illegally" required the cost of confinement ($10 per day) to be charged as part of the criminal sentence. Hundreds of thousands have been collected by this count from the lengthy "illegal" collection of this fee. How do I go about recouping the collected fee on my behalf as well as thousands of others. Is this PCRA or just motion for return of excess payment?
Asked on 3/28/13, 7:55 am
1 Answer from Attorneys
John Davidson
Law Office of John A. Davidson
As in may cases where the supreme court has ruled something unconstitutional. There is a second case that rules whether or not the ruling is retroactive. For example after Gideon there was another case that held whether the lack of counsel required retrial or not.
{John}
Answered on 3/28/13, 8:00 am
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