My finance took a plea to 2 M2 indecent assault charges. He was sentenced to 4 years probation. He came home to myself and 5 year old daughter and his PO violated him because he was to have no contact with minors, something we didn't understand. He has NO priors. We hired a private attorney for the GAGNON 2 hearing and the judge revoked his probation and sentenced him to 2-4 years state time. The attorney says we will not win the appeal. I have been told that with no priors, no new charges, he should have been sentenced to time served and his probation started over. Please help! He wants to appeal but we need an attorney advice if his sentence is outside of the guidelines for a probation violation. Looking to retain an appeal attorney
You may be able to file a motion to reconsider
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If you are not satisfied with his attorney, act promptly in retaining new counsel, some deadlines can be as little as thirty days. Of course, be sure to have a frank discussion with his prior counsel to identify why he feels an appeal would not succeed.
Stew Crawford, Jr., Esq.
Crawford Law Firm
A Full Service Law Firm Serving Pennsylvania & New Jersey
Philadelphia Area Office
223 North Monroe Street
Media, Pennsylvania 19063
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While I would certainly recommend hiring an experienced criminal lawyer in the Lehigh Valley, I would not get my hope up about his chances. If "no contact with minors" was a condition of his parole and his indecent assault charge involved a minor, this is a serious violation. No priors is irrelevant. His original sentence would have had a span with the probation being the lowest and a jail sentence being the highest. Your attorney at that time should have told you if the max (which comes into play if there is a probation violation) was outside of the sentencing guidelines for the crime with which he was charged. His VOP time will not exceed his max sentence for the original offense.
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