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Samuel Encarnacion

Samuel Encarnacion’s Answers

5 total

  • What can I do? Parole violation, fugitive status, felony criminal trespass charge

    Got sentenced to 4 years for felony criminal trespass. Did about 2 years in PA prison, paroled to a halfway house for a few months. My aunt came to visit from out of state and convinced me to leave with her saying that she would help me get my cas...

    Samuel’s Answer

    You are never going to resolve this problem without turning yourself in and addressing your parole violation. If you are the person they want, refusing extradition will not work and will further delay your appearance in court without getting any credit for that detention.

    It appears that what you are facing in PA are technical violations of Parole (moving without permission and missing appointments). In PA there are presumptive ranges for recommitments of parole violators. If all you have are technical violations ( and not new charges), is very possible your setback will not require you to do the total balance of your sentence. In any event, you need to hire a local attorney and make sure that attorney is familiar with state parole law. And please do not assume that all criminal lawyers are familiar with state parole law.

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  • Is a defendant in a criminal case entitled to see the pre trial discovery

    He has been in jail n goes to court in june.

    Samuel’s Answer

    Yes, you are entitled to see and examine the discovery in your case. Make sure you ask your lawyer to see it and review it. Further, you should ask your lawyer to explain the nature and quality of the evidence found within the discovery.

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  • How do I deal with a warrant after 5 years?

    Police came to my house on friday and told me there was a warrant out for me from another county. I got a dui in 2008 and ended up going to rehab and a recovery house for more than a year. The last contact I had was early 2010 when I got mail sayi...

    Samuel’s Answer

    Find a lawyer as soon as possible from the same county where the Bench Warrant was issued. This first step is critical.

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  • Am I a citizen or resident?

    When I was 17 years old, my dad and I went to immigration to get my residence. We had already gone thru fingerprints and all that..when we were there the guy that was helping us told us that since my dad had become a us citizen before I was 18 I a...

    Samuel’s Answer

    • Selected as best answer

    A US passport is evidence and proof of Citizenship. Very odd that that Office of Public Welfare would challenge your citizenship when you have a valid U.S. Passport. I would go back and ask to to talk to a supervisor and demand to be treated as a U.S. citizen. A U.S. Passport has been long recognized as valid proof of U.S. citizenship and Government Offices must follow strict guidelines regarding treatment of certain documents. A U.S. passport is considered “primary” proof or evidence of citizenship. Other documents serving as primary evidence of U.S. citizenship are: Certified birth certificate issued by the city, county or state of birth, Consular Report of Birth (of U.S. citizen) Abroad or Certification of Birth, Naturalization Certificate, and Certificate of Citizenship.

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  • Is it good to have a premilary hearing in a criminal case?

    Pa

    Samuel’s Answer

    Is always best to have an attorney represent you at your preliminary hearing and never waive your preliminary hearing unless your attorney advises you to do so. In some cases, the Preliminary Hearing can easily become the most important event in any criminal case.

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