I have a son who was sentenced to 90 day house arrest after 2nd Dui in Bucks County, PA. He had a misconduct at the very end of 90 days. He was sent to county jail in Feb 2012 and served a 30 day sentence for the misconduct. He then was transferred to the Mens Ctr and was awaiting a parole hearing when he received a misconduct for failure to submit a urine sample in a given amount of time. He has been sent back to the county jail and has received an additional 60 day flat sentence. He is not sure if he will be parroled from the county or sent back to the mens ctr and is concerned with the possibility of this happening again. Should he have an attorney? Is this type of misconduct in jail osomething they could help with?
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CHRISTOPHER BOKAS, ESQUIRE
DUI / DWI Attorney
In Bucks, prison misconduct hearings are handled internally in the prison. No lawyer, no judge, just a hearing to determine the length of the extra sentence. What he can do is file a motion for parole which will be heard before a judge and he can present evidence (character witnesses, medical records, etc) to convince the judge to parole him. The only problem is that the judge will likely have a report from the prison listing the misconducts, so he will have to overcome that. It is totally up to the judge. Hearings are usually held about 30 days after a motion is filed.
Ellis Klein, Esquire
Former Bucks County Senior Deputy District Attorney
Young, Klein and Associates
Bensalem, Doylestown, Quakertown PA