Legal Question in Criminal Law in Pennsylvania

sentencing

My son (22) was charged with default for required appearance because he did not initially go to his sentencing court date. However he willing turned (2 mths. later) himself in and now us looking at another charge, default for required appearance. Now he's looking at another felony 3. He already has 2 felonies for possession with intent to deliver. And was given 2 to 4 plus 2 to 4 conseq. (His girl friend had the drugs on her in his car/10 estacy pills and 31 bags of cocaine) My son had nothing on his person. His girl friend only got 2 to 4 and boot camp eligible. She only has to do 1 month at state prison and then 6 mths. of boot camp (then she's done.) It isn't fair, is there anyway to have the conseq. modified to concurrent?, and the new charges dropped? He is about to enter a guilty plea? Is that the best thing to do? plea will run concurrant (felony 3). please advise


Asked on 7/12/08, 9:35 pm

1 Answer from Attorneys
Brian Zeiger Levin & Zeiger LLP

Re: sentencing

Your son's case seems serious. Often, if he is pleading guilty, he can get concurrent time, but there is no guarantee.

As far as comparing him to his girlfriend, the judges look at the state sentencing guidelines when determining how much time to give someone. If the girlfriend had never been arrested before, and your son has prior felony convictions, your son should expect to get me time then her.

Feel free to email me at [email protected] if you have any more questions or if i wasn't clear in my answer about.

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Answered on 7/12/08, 9:49 pm


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