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I need advice from an attorney that serves the Lehigh Valley and specializes in appeals.

Allentown, PA |

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

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Attorney answers 4

Posted

You may be able to file a motion to reconsider

Specific legal advice can only be given with full knowledge of all of the facts and circumstances of your situation. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public; do not include confidential information in your question. If you would like to consult with me privately, you may do so by telephone at 215-423-5500.

Asker

Posted

The judge made a smart comment to "come back and see her maybe she will change her mind". Is that better than filing an appeal??

Thomas Kenny

Thomas Kenny

Posted

Yes that's it. Call me or email me to discuss I am at 2152668544 or tom@askphillylawyer.com

Posted

There are many fine Avvo attorney's who practice in The Lehigh Valley. Most provide a free consult and will provide an honest assessment of the case. Good luck.

Posted

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
877-992-6311
www.crawfordlaw.org

E-Mail: crime@subrolaw.us

All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. Without the benefit a personal consultation to exploe all of the facts of your legal problem, the information in this posting may be inaccurate and for that reason it should not be relied upon. If you wish to consult with an attorney, or have any questions concerning this comment, please feel free to contact our offices through any of the above contact sources.

Posted

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.

I am an attorney in Pennsylvania but I am not currently *your* attorney. Nothing in my communication should be construed as creating an attorney/client relationship. Please contact me if you wish to retain me as your counsel.

Jake Kathleen Marcus

Jake Kathleen Marcus

Posted

I meant "condition of his probation." If he pled to a crime involving a child, how could he not know he could not have contact with a child?

Asker

Posted

It was sheer ignorance, unfortunately. The crime involved a child however he understood it to be that he had no contact with the victim. I know it sounds stupid but he has never been incarcerated, never dealt with probation, never been in this type of position period. However, based on the information you provided the sentence of 2-4 years is not outside the sentencing guidelines as the original charges carry 2-4 years prison time, which is why the probation was 4 years. We just were shocked that he was given the maximum and thought there might be a chance of reducing it with a reconsideration hearing or appeal. I appreciate your honesty and input.

Jake Kathleen Marcus

Jake Kathleen Marcus

Posted

The "touching" distinction is critical to which sex offender list he goes on and length of sentence. VOP is very serious, particularly when a child's safety is at risk. Getting a probationary sentence in the first place was a real long shot.

Asker

Posted

He is classified as a tier 1 and is on Adam Walsh for 15 years.

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