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Parole Board Hearing re: parole violation.

Bensalem, PA |

My boyfriend was unsuccessfully discharged from a 90 D&A program due to an arguement with a staff member. He recv'd a citation for Harassment other sub. to physical contact. At his prelim hearing he was advised to plead guilty and pay the fine so it would be a closed charge and to do so within 10 days and then the agent how violated him as well as the other "powers that be" at the hearing agreed to recommend 60 days in a PVC. I paid the citation and it was closed a few days later. However, the agent never returned calls from me or the defendor for weeks! When she finally submitted the case to the board he still had the open summary charge therefore he recv'd a 12 month hit for the unsuccessful discharge stating something about the open charges-not enough room left for the rest....

The greensheet stating something about the open criminal charges. My question is, if the charges were closed at the time the board recv'd his paperwork is the board allowed to take a closed case into consideration when determining his punishment for the other violation? Would that not be looking at it with bias?

Attorney Answers 2

Posted

I read your frustration but don't see a question being asked. Since the Parole Board has already acted, I don't see what can be done to reverse it.

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Asker

Posted

I added my actual question in a comment

Posted

The parole board can look at almost anything when making a determination. Of course, their decision must be based on facts and the law and not any bias they may have for or against an inmate. As for considering the closed citation in which he pled guilty, ? They can consider this in making their determination.

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Asker

Posted

Even though the magistrial court is not a court of record? Cresson v. PBPP. Or am I not underderstanding correctly?

Joseph Patrick Lesniak

Joseph Patrick Lesniak

Posted

I am not familiar with this case and could not find the opinion on Westlaw. Not sure you have cited it correctly. Can you provide me with the full citation?

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