Legal Question in Criminal Law in Pennsylvania

technical probation violation

The offender violated his probation by not setting up an appt with his PO for

2 months when he did the PO locked him up when he arrived at the office for

his appt and then the offender's urine tested postitve for marijuana. The

offender also has a coinciding probation in another county. He served 23

days before he went to court and the judge ruled time served so the client

could go back full time to his work and school. He has not been released yet

due to the detainer the other county has on him. The other PO had said he

needed to be shipped to that county to finalize everything and now since the

PO in the other county was asking for 4 months and did not get it the other

PO is now going to ask for that as well. Doesnt the judge's rule mean

something? Doesnt the other probation officer only have 72 hours to get him

from the other county? Doesnt he have the right to post bail when he gets to

that county jail under the 8th admendment? Is there anything else you could

help me with to get him back in school and work? Doesnt this seem intense

for a technical violation? Please help!


Asked on 11/16/04, 7:18 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: technical probation violation

Generally technical violations do not lead to revocation of parole. However, a lot of judges find the 3 to 4 weeks the violater spends in lockup to be a useful reminder not to committ technical violations. A lwayer should be able to argue that the violation is not serious and the detainer lifted.

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Answered on 11/18/04, 6:48 pm


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