Legal Question in Criminal Law in Pennsylvania
Two simultaneous situations
Several months ago I was charged with felony theft and two counts of felony forgery. These were my first offenses in my life and first run in with the law. After going through the first portion of the legal process (i.e. preliminary hearing, pre trial conference, applying for ARD, being denied ARD) it is in my best interest to settle with a plea and plead guilty to just the theft (offered by the DA). In just the past week, I was unfortunately pulled over while speeding in a separate county of the same state (PA)and caught with a small amount of marijuana in my car. I wasn't issued a citation for anything (speeding or the controlled substance) but was told that I would recieve charges in the mail.
What will be the effect of this most recent incident on the first charges? One case will be settled before the other, Will the fact that I'll be on probation when the second case is settled result in me breaking probation, even though the incident occured before I had been convicted of anything? I am worried that the second incident will come to a resolution while I'm on probation and that will be a breach of my probation and will result in a harsher penalty for the second case and could possibly land me in jail. Thanks for the help.
1 Answer from Attorneys
Re: Two simultaneous situations
if you have not plead to guilty to any charges yet, you will not have a violation of your probation when you resolve the second case. You must already be on probation at the time of the arrest or citation of the second matter for you to have a direct violation of the probation.
However, a true concern is that the da on the first case may revoke his/her onffer on the first case as a result of the arrest/citation on the second. hard to tell.
Also, ask you lawyer why you got pulled over on the second case. If there are no citations or tickets, you MAY have a motion.
Feel free to email if this did not answer your question.
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