Violation of Parole DUI

[help13]

Hi,

We live in PA.

My brother plead guilty in 2009 for Endangering the Welfare of Children by a Parent/Guardian and Simple Assault to a child under 12 by a person over 21. He got "nolle prossed" for the other 2 charges against him: Aggravated Assault and Recklessly Endangering another Person. (He abused his child). He was ordered 5 years probation.

In 2010 he plead guilty to DUI 1st offense, DUI controlled substance 1st offense, DUI impaired ability 1st offense, DUI combination drugs/alcohol (these were all merged). He was ordered to pay monetary costs and continue with his 5 years probation.

Last week he was arrested again for a DUI and driving while his license was suspended/revoked.

His Gagnon 1 hearing is today (he is in county) and he has 2 upcoming VOP hearings later this month. I haven't had any contact with him since this last arrest.

What kind of penalty can he expect?

 

[dmcc10880]

Hi,

We live in PA.

My brother plead guilty in 2009 for Endangering the Welfare of Children by a Parent/Guardian and Simple Assault to a child under 12 by a person over 21. He got "nolle prossed" for the other 2 charges against him: Aggravated Assault and Recklessly Endangering another Person. (He abused his child). He was ordered 5 years probation.

In 2010 he plead guilty to DUI 1st offense, DUI controlled substance 1st offense, DUI impaired ability 1st offense, DUI combination drugs/alcohol (these were all merged). He was ordered to pay monetary costs and continue with his 5 years probation.

Last week he was arrested again for a DUI and driving while his license was suspended/revoked.

His Gagnon 1 hearing is today (he is in county) and he has 2 upcoming VOP hearings later this month. I haven't had any contact with him since this last arrest.

What kind of penalty can he expect?

Likely the max sentences from the previous charges.

 

[dave33]

He will most likely be sentenced on the 5 year violation. The version of the situation as you presented would indicate no leverage in your brothers favor. That means he will be forced to accept any deal the state offers that is under 5 years to serve. I think that he should be prepared to serve at least 2 years. In this situation anything under 5 years is a gift.