Jail again 2 charge same incident after jail term served?

[gersfeld]

What is the name of your state? Pa.

I have a family member who was charged for writing bad checks, (actually forging and writing them against her grandmother's checking account). She never went to jail but was put on probation. Then 2 years into that 3 year probation she had a bad car accident, and was found to have pot(at least we know that much) in her system and paraphernalia was also found in the car. From August of last year until late December she was in prison for the DUI. She was released and in fact was due to get a pay out from insurance ( because the man in the accident that she collided with pulled out in front of her (I am assuming this is why).

Two days ago she was arrested again, this time supposedly for the 'second' charge of paraphernalia.I have two questions:

1. Why didn't she do all of the jail time first for both charges in the same incident?
2. Can they jail you, release you and then arrest you again a year later on the same incident?

This family member is a habitual drug user and liar and because of the privacy act we can't find out what is true.

I just don't understand why, if there were two violations of probation( but same incident-DUI & possession) she wasn't jailed and made to stay in as opposed to having her serve the DUI , letting her out and then in a year arresting her on the second charge of possession. If this sounds hokey and you think she was mostly likely charged recently for possession and was jailed for that, give me your thoughts please.

Beth in Southeast Pa.

 

[moburkes]

according to your post, she wasn't arrested and jailed for the same incident. She was jailed for DUI, then arrested later for paraphernalia.

 

[Ozark_Sophist]

She might also have served the jail time for the probation violation.

 

[seniorjudge]

Q: Why didn't she do all of the jail time first for both charges in the same incident?

A: Who knows? But the law does not require that.


Q: Can they jail you, release you and then arrest you again a year later on the same incident?

A: As said earlier, it was not the same incident.

 

[gersfeld]

Maybe I didn't make myself clear. What I meant was that the DUI and the Paraphernalia are both things that stem from the same car accident.

The accident occurred 2 years ago and they are just now after 2 years sending her to jail over the paraphernalia??! That to me makes no sense. I am only trying to understand if the law would work that way when we are supposed to get our due process and a speedy trial. Two years is hardly speedy and when she was arrested she wasn't told why she was being arrested.

 

[gersfeld]

Probation related to incident

that's another question regarding this family member. Her daughter said if she violated probation she will have to serve her entire probation in jail..which is 5 years. Sound right?

What irks me is that she is not getting any drug addiction help or counseling and she has to pay for everything in jail..any food besides main meals, doctor visits, soap, shampoo, socks, even aspirin! However she isn't being given any job to earn it and her family has to pay.

Who pays for all that for our illegals in jail and those who have no family?

 

[moburkes]

This family member is a habitual drug user and liar and because of the privacy act we can't find out what is true.

If you don't know the true story, how can we know what to tell you? Maybe your county has a website where you can look up criminal cases.