he is currently in montgomery county correctional facility
Criminal Defense Attorney
I agree with Mr. Zucker's assessment. There are a lot of factors that go into determining "how long someone can go to jail for a probation violation". The most important factor is how did the person violate. Was it a technical violation in that the person failed a urine test or absconded from supervision? Or was it a direct violation in that the person was convicted for a new crime while on probation? Another important consideration is how many prior violations of probation the person had. Regardless of these factors, a Judge can resentence the offender to the balance of his exposure on the original charge.
2 lawyers agree
Criminal Defense Attorney
Techincally they could be sentenced to all of their back time with no credit for the time they spent on probation while not incarcerated. So for example if the person was given one year probation for a Misdemeanor 3 crime they could do the entire year. There are however a lot of factors to be considered at a probation violation hearing including the standard sentence for the crime at the time of conviction, the type of violation etc. The best bet is to retain experienced criminal defense counsel to assist the person and hopefully light a fire under the PO to get the hearing scheduled so the person does not have to spend anymore time in prison than necessary.
Adam D. Zucker, Esquire
Mudrick & Zucker, P.C.
Conshohocken & Lansdale, PA
This information does not create an attorney /client relationship and should not be use or relied upon to make any decision in your case. Only consultation with your own attorney can provide you with the advice you need for your case.
3 lawyers agree
Divorce / Separation Lawyer
I also agree with Attorney Zucker's assessment. It is really hard to say how long he could get with the very limited information provided. I do not reccomend providing more information about it on this site. I reccomend contacting a local criminal attorney to assist you in this matter.
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