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  1. #1

    Default County Trying to Make Me Walk Off More Time then I Have to

    My question involves criminal law for the state of: Pennsylvania

    I was on county probation for misdemeanor marijuana possession under two different action numbers (one ending 2008 and the other ending 2009) for 2 separate incidences. I cant remember how long I was supposed to be on probation but I do know I was set to get off 8/25/2011. Around 7/27/2010 I was charged with a probation violation for leaving the state and put in jail.

    Now, heres where it starts getting interesting. All the paperwork I received prior to going to court for re-sentencing (notice of violation, Gagnon etc) lists both action numbers, 2008 and 2009. Then I get 2 sets of paperwork, one telling me to appear before Judge A (judge that presided over my case 2008) on 9/8/2010 and the other set telling me to appear before Judge B (the judge for 2009) at the SAME time. Both were probation violation re-sentencing hearings.

    A few weeks later I get a letter saying that the Court Petition was filed in error and hereby dismissed for action number 2009 and I am only to appear before Judge A (Action number 2008) After this all my paperwork only lists action number 2008 and 2009 is never mentioned again.

    After going to court I was re-sentenced to time served to one year. The only action number listed is 2008. I served 60 days so I should have had 10 months of parole to walk off correct? One year from when I went to court is 9/8/2011 but my PO insists I don't get off until 4/27/2011. I think they are trying to get me time for both action numbers even tho I was only re-sentenced and released from jail under one of them.

    Am I missing something here? Please let me know if you need any more details

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,964

    Default Re: County Trying to Make Me Walk Off More Time then I Have to

    Serving time in jail affects the maximum time that you can spend in jail if sent back to jail. It does not mean that you cannot be sentenced to a term of probation that exceeds your maximum potential remaining jail sentence.

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