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My end parole date is dec,28th . am i officially off at midnight or do i have to wait for the state to finish paperwork?

Southampton, PA |
Filed under: Criminal defense

that is the end date of my sentence for dui's

Attorney Answers 4

Posted

Assuming you have completed aoll of the requirements and conditions of parole, it is over at midnight of the last day of the sentence. The Commonwealth can still file a violation petition after that date if you have violated parole prior to that date.

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Posted

Over at midnight

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

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Posted

It would be midnight but I believe there is a split in Pennsylvania law regarding whether the prosecutor can pursue a violation of parole after completion of the parole, when the violation occurred during parole. See CW v. Smith 860 A2d 142 (Pa Super 2004) which hurts your position and CW v Karth, 994 A.2d 606 (Pa. Super 2010) which states that a violation cannot be commenced after the parole end date.

Please note that I am only licensed in Pennsylvania. Therefore, if your case involves another jurisdiction, you should disregard this post. Further, this posting does not constitute proper legal advice since I have not been able to learn all the circumstances of your case. As such, you should consult a lawyer in person immediately for proper legal advice and should not rely on this posting for legal advice.

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Posted

Midnight...typically...

Licensed & have offices in PA & NJ ONLY. (Philadelphia, PA & Marlton, NJ)

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