Legal Question in Criminal Law in Pennsylvania
Probation Violation
My brother was sentenced to 4 yrs probation in 2006 for carrying a gun without a license. Last week he was arrested for Int Poss Contr Subst By Per Not Reg? And now he is in the County Jail awaiting a hearing.. What does this mean, and what should we expect? Will he have to finish out his probation in jail?
1 Answer from Attorneys
Re: Probation Violation
He will receive notification of his next court hearing. That will be a probation violation hearing where he will go back in front of the Judge who accepted his plea in 2006. He will be resentenced by that Judge. The Judge has wide latitude in his decision of what to sentence him to. Alot will depend on the recommendation of his PO. However, in my experience, if he has no prior violations he should receive no more than 3 mos incarceration. His new charge is a misdemeanor.
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