• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Please help!!!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Deemoney

Junior Member
What is the name of your state (only U.S. law)? PA

My brother is presently serving Probation for carrying an unlicensed firearm. Last week he got arrested for Int Poss Contr Subst By Per Not Reg..? They have him in a county jail now awaiting a hearing. Does he have to finish out the rest of his probation in jail or will he just get an extention on his probation time?What is the name of your state (only U.S. law)?
 


lifeandthelaw

Junior Member
I have to tell you - I had to read your question three times to figure out what you were asking. The reason this is important is quite simply because I might still be missing the point, and if so, I apologize.

The new charge (if indeed he pleads or is found guilty) is a violation of his first probation. The first judge could very well decide to impose a jail sentence on him in lieu of allowing him to continue serving his probation. Is that the upcoming hearing to which you are referring?

If indeed this first hearing is related to probation, I would encourage him to seek a continuation until the legal process for the new charge has an opportunity to be completed. If he pleads guilty to the probation violation before deciding the fate of the second charge (plea bargain or trial), his admission could be used as an admission of guilt in the second charge.

I wish you the best in all of your endeavors. Nothing I have said here should be construed as legal advice or the beginning of an attorney-client relationship. Rather, these words are simply observations from my practice, and not legal advice related to your specific situation.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top