In jail for FTA. For driving under suspended licence, Lost licence because of DUI

[jamintocar]

What is the name of your state? PA
My question is this. A friend of mine was just picked up 3 days ago for failure to pay child support. At the hearing an agreement was made that the sentence be suspened and it was because he paid what he owed that day.
Thats done and over with. and that all took place in wonderful pa.. lol
next..

He had another warrant out for him for failure to appear at a court date. (for ohio by the way)
heres all I know.
In Feb/march he got a dui in ohio and I know he got ARD ( I believe thats the right)
His licence was suspened. got caught driving with a suspended licence.
Court date was set for may. he didnt show. as far as I understand he didnt show for anything probation related as well.
Now it is september.. after the first issue was dealt with at the hearing they had the DA come in and they went ahead with the other charge.. they talked about it for a bit.. judge ordered him to stay in jail to assure he shows up for his next hearing/ sentencing.
Hes been put on the call list and is expected to have another hearing or what not on tuesday if not then, it will be thurday.
Ok, Here are my questions..
1. does this bring back the dui charges? meaning are they going to go over that again..
2. How long would you say he would more and likely go to jail for this. worst case 6 months I know. But what is most common.

honestly I dont know the right questions to ask. I provided all the info. and I really just trying to see what senero is more then likely going to play out.

ohio warrant but is having a pa hearing. should he order a change a venue? will the laws differ that much for it to matter?

what I understand so far is he wont be having a licence for a while. probation is more then likey, a pretty nice fine. (which he will be able to pay same day) community service maybe? some sort of jail time I know.

some more info as I remember it. while at the hearing the judge made a comment that he (the defendant) could walk out of there tuesday with time served for the 3 days he is spending now. But of course nothing was absolute.
This same comment was made by his attorney and a few others that this is a possibility.

also the DA was there and he didnt seem or show the impression he wanted the max thrown at him, but rather looked more willing to come to an agreement.

and there will be a different judge

Oh yes one more tid bit. this is his first DUI and he has a clean record.

Thanks in advance!

 

[moburkes]

He'll find out on Tuesday what's going to happen.

 

[outonbail]

I find it hard to believe that Pa will be hearing his Ohio case. Perhaps the hearing on Tuesday has something to do with whether he plans on fighting extradition to Ohio?

If Ohio has put a hold on him and he doesn't fight extradition, they have I believe up to thirty days to pick him up. If he does fight extradition, then he will have to sit there for as long as three months while Ohio goes through the motions to have him picked up and brought back to Ohio.

If they do not have any hold on him, he will probably be released on Tuesday.

This is my guess anyway,,

 

[LAWMED]

Ohio

I would think ohio does have a hold on him. He certainly has a warrant for his arrest in Ohio. If there is no hold then they have no reason to keep him in jail now. Does he not have a lawyer>???

 

[jamintocar]

Yes he has a lawyer that the court gave him. and his father happens to be a lawyer, but only in ohio. he is not familar with PA.
Im not 100% sure on whats the deal with this warrant.
All I know is that I was there at the hearing for the other matter and they desided to go ahead with this issue as well.. the DA even came in and did whatever it is they do.. they had a hearing for it .. maybe it will continue tuesday. all I know is that they plan on getting this done in PA. For whatever reason.
If I remember correctly its possible His DUI was in PA. and being caught driving on a suspended licence was in ohio. or vice versa

A matter of fact I know for certain he would much rather have all this done in ohio. so I know that he is not fighting that. right now he is just going with the flow so to speak..

 

[outonbail]

Yes he has a lawyer that the court gave him. and his father happens to be a lawyer, but only in ohio. he is not familar with PA.
Im not 100% sure on whats the deal with this warrant.

OK, what it sounds like is that he was already in custody for his failure to pay child support. He pays his back support and that issue is resolved. But whenever a person is taken into custody, they are run through the state and local computer systems as well as the NCIC computer system to see if they have any outstanding local or state warrants and also if they have any outstanding warrants in any other state.
In your friends case, he had a local warrant as well as a warrant out of Ohio.

All I know is that I was there at the hearing for the other matter and they desided to go ahead with this issue as well.. the DA even came in and did whatever it is they do.. they had a hearing for it .. maybe it will continue tuesday. all I know is that they plan on getting this done in PA. For whatever reason.

The only case they will hear in Pa, is the one he has an outstanding warrant for in Pa. Ohio is a completely different issue and it will have to be resolved in Ohio. Pa will not be prosecuting him for whatever he's got going on in Ohio. They will either hold him in their custody so Ohio can come pick him up, or they will release him if Ohio doesn't issue a hold on him. So, if the DA was involved in a hearing then it was probably an arraignment for the Pa charges which went to warrant, when he failed to appear on them. If this is what happened, then the judge should have ordered a bail amount for his release. The reason he wouldn't be released on a promise to appear or on his own recognizance, is because of the FTA's and outstanding warrants he has against him. He has a history of not showing up for his scheduled appearances. However, even if he were to post bail for the amount ordered by the judge, he wouldn't be released if Ohio has placed a hold on him. This could be the case and he just doesn't know it yet.
When the Ohio warrant showed up in the NCIC database, Ohio was notified that he was in custody in Pa. Once Ohio was made aware of this, they had to decide if his crime was serious enough for them to request Pa to hold him, so they could come pick him up to bring him back to Ohio, so he can answer to his charges or serve whatever time he may be facing for whatever it is he's been charged with in that state. When a hold is placed on someone already in custody, by another state, the person will be given a hearing and asked if he wants to waive the extradition process, or if they wish to fight the extradition to the other state. This usually happens during the first week of being in custody.

If I remember correctly its possible His DUI was in PA. and being caught driving on a suspended license was in ohio. or vice versa

The only effect this could have is if he had a Pa license, but Ohio suspended his driving privileges in Ohio, it would eventually come to Pa's attention that his license was suspended because of a DUI and when Pa learned this, then they would suspend his Pa license as well. So in this situation his Ohio case might have to be finalized before Pa would be notified and this could affect whether he could be charged with driving on a suspended license in Pa.

A matter of fact I know for certain he would much rather have all this done in ohio. so I know that he is not fighting that. right now he is just going with the flow so to speak..

Well he may just make it to Ohio before he hits the streets a free man in Pa. He may not even know about the Ohio hold yet, if there actually is one. This may be what the judge was referring to when he mentioned being released on Tuesday after his court appearance. If Ohio hasn't issued a hold by then, he'll probably walk, if they have, then he can expect the extradition hearing pretty soon. This could be why the judge said nothing was absolute, because he doesn't know if Ohio is planning on putting a hold on him or not.

If Ohio decides they don't want him right now, he will be released. However, the Ohio warrant will remain in the system until he goes there to deal with the situation. So this means any time he is pulled over or questioned by the police, he can be picked up for this warrant, over and over again.

 

[jamintocar]

Ok so I had it wrong. his dui and him driving under suspension was both in PA!

This is what I was told. he said after leaving the court house waiting for his ride he went to his to put up the windows and take a cd of of the car. while he didnt turn the car on he did have to turn it once so he could get the cd and put up the windows. He said as he was doing such 2 probation officers came over and saw him doing this and asked him what he was doing and ect..
so he got a driving under suspension.
He tells me that he is going to try and have that dropped. but Im not sure.
as for the failure to appear. The notice for his may court date was sent to the wrong address. the old address he lived at. He said he didnt recieve it.
The DA did acknowledge friday the address they sent it to was different then the one he is living at..
well he wants to see if any chance he can keep the ARD. I told him because it just seems like common sence, that they will not.

Iam not sure if this matters much or changes things. but the hearing I went to friday after the first issure was resolved. this issue was a deposition? I will go now and see what that means.

But ya tomorrow he has to go back into court..
not sure what he is looking at as jail time goes..

 

[outonbail]

The hearing you attended was probably a "disposition", not a deposition. A deposition would be something he would be given in a civil matter, but it usually happens at an attorney's office and observers wouldn't be allowed in to watch.
A disposition is basically an update on the progress of a defendant or to see what progress has been made in resolving a case or an attempt to settle. If nothing is settled in the disposition then they can reschedule the case for another disposition, or if all parties are prepared, set the case for trial, this sort of thing.

 

[jamintocar]

Thank you much!
One last question..
Is there a list online anywhere that lists the jail time you get for your BAC?

Thanks inadvance!