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  1. #1
    Join Date
    Jan 2005
    Location
    pa
    Posts
    1

    Default Probation sentence

    The case is in pa, what happened was in 2000 husband got dui charge, before law enacted in 2003. He got probation for it, then violated his probation a couple of years later with a possesion charge in another county. So he ended up restarting the dui probation and also had probation for the second charge in separte county. Now in 2005 he was pulled over for driving reckless and the cop said he smelled liquor on him. The cops never gave him a test, and he didn't refuse it (eventhough they may have said it in affidavit I don't know) now he is in prison.

    My question is how much time can they give him for violating his probation? I always thought that they can only give you the maxium for the crime that was commited (his first DUI, which when it was committed the law was not as strict) can somebody please help me out? I can't find any thing on the probation violation!

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Probation Violation

    It sounds like your husband was on probation for two offenses - the drunk driving offense, and the "possession" offense. Depending upon the nature and amount of the substance, possession of a controlled substance is often a felony which carries a possible prison term. It is possible that the possession conviction carries a longer potential sentence than the drunk driving conviction.

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