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momone

Junior Member
What is the name of your state? PA. My questions are: If a juvenile gets in trouble for stealing a car, he is charged with theft by unlawful taking, but when his friend steals the car and picks him up and they both get arrested, the friend got charged with theft by unlawful taking and the juvenile got charged with receiving stolen property, does the receiving stolen property go in as a felony in his pre-sentence investigation and held against him for purposes of being sentenced as an adult? Also if he finds out that something by mistake was used as a prior score that was illegally used years ago, can they now say "well it doesn't matter because he would have gotten the points from the receiving property incident"? Thank you for any info. anyone can give.
 


seniorjudge

Senior Member
What is the name of your state? PA. My questions are: If a juvenile gets in trouble for stealing a car, he is charged with theft by unlawful taking, but when his friend steals the car and picks him up and they both get arrested, the friend got charged with theft by unlawful taking and the juvenile got charged with receiving stolen property, does the receiving stolen property go in as a felony in his pre-sentence investigation and held against him for purposes of being sentenced as an adult? Also if he finds out that something by mistake was used as a prior score that was illegally used years ago, can they now say "well it doesn't matter because he would have gotten the points from the receiving property incident"? Thank you for any info. anyone can give.
Q: does the receiving stolen property go in as a felony in his pre-sentence investigation and held against him for purposes of being sentenced as an adult?

A: Possibly so; ask the juvenile officer.



Q: Also if he finds out that something by mistake was used as a prior score that was illegally used years ago, can they now say "well it doesn't matter because he would have gotten the points from the receiving property incident"?

A: Tell us facts and details and what you are talking about.
 

fairisfair

Senior Member
and try to do so without all the what if's. Just state the facts. It's not what if something happened and then what if something else happened.

This happened, this is my question. the end.
 

momone

Junior Member
Need Help

Pennsylvania. Okay I will try to make it short. 22 years ago when my brother was 18 he was arrested for rape. He is still in prison. Unbeknownst to him until now, the adult probation officer while doing a pre-sentence investigation to enhance a higher sentence illegally added on 2 points on his prior score for aggravated assault that he was never charged or convicted of while he was in a juvenile program charged with receiving stolen property for being picked up by a friend who stole a car. Now that he is going in for a PCRA for a reduction in sentence, instead of the probation officer( who's office made the error) admitting they were wrong, they are saying he would have gotten the 2 points against him anyway for the stolen property incident which by the way was sealed after he successfully finished that juvenile program. My questions are 1. Isn't this illegal that they would just say this? Can they actually now add on those 2 points for something else? 2. Especially when that juvenile record was sealed? Please respond.
 

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