I'm currently on probation for the crime of Open Lewdness, which is a misdemeanor of the third degree in the state of PA. I did 24 hours in jail at the beginning of the sentence as part of a plea deal. A few weeks ago, I was detained on a probation violation for being discharged from group therapy, no new charges. I was released and told my probation would extend another year. I thought that when parole is revoked, you cannot be sentenced beyond your max date which would have been one year, not two. I did not think probation could be extended that long for a misdemeanor of the third degree, especially with no new charges or police contact.
It sounds from your description that you actually violated your Parole (which if you did 24 hours and then got out, you would have been granted "early release," which is what parole is....It does' t make much difference, but it does some). So in this case, you were on parole for 12 months less the day you did in jail for a M3 offense. M3 offense maximum sentence is one year. When you violate your "early release" you theoretically owe the state the year back time (you could theoretically be sentenced to 12 months in jail less the day). What it means is that, when you violate parole you lose your "street time" (the time you got to be out of jail because they let you out "conditionally" after one day....the condition was that you report to your PO and stay out of trouble. If the court found you violated your parole, the Judge can re-sentence you to anything he legally could have sentenced you to the first time, which in the case of M3 Open Lewdness is 12 months. In your case, the new calculation for your sentence would begin on the date you are resentenced and end 12 months from there.
You can go to jail for a probation violation even without new charges, so the extension of your probation by one year is not unusual. New charges means you committed a criminal offense for which a person with no prior record could be convicted. A violation of a term of your probation does not have to occur because you committed a crime. For example, if abstinence from alcohol is one of your terms and the probation officer finds a bottle of alcohol in your home, you could go to jail even though possession of alcohol is not a criminal offense for someone else.
America has the highest incarceration rate in the world, 737 people out of each $100,000 people. The criminal justice system is a part of our economy. Politicians get votes by promising to be tough on criminals. So, be careful and follow the terms of your probation and stay out of trouble in the future. Good luck!
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