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Old 02-23-2011, 05:49 AM
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Exclamation A Bit Confussed about violations and new charges

Hi, Well my fience has been in for 2 months now, He was on probation for a DUI but had back fines nd was a dummy nd robbed a tv from a store he was working at, now not sure whats going to happen, his PO told him he could of been out last month at his GAG1 hearing, but now he has to go to Frakville ((where his job site was )) to get his sentence it should of been last week but they pushed it til march. they told him 3-6 months but not 100% sure cause they are givin me a run around on info nd im trying really hard to do my part he is 45 mins away nd he is pleding guilty of course, he has a probation revotion hearing when he gets back to Carbon County nd then a GAG2 hearing a week before his 90 days... can anyone please explain...cause im clueless nd cant get ahold of his PO nd i kno his wrote the judge nd his PO but no one has wrote him back... Help??
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Old 02-26-2011, 10:59 AM
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Hi, and welcome.

I'll try and sort this out for you. First, judges don't respond to letters; they constitute ex parte communication and are not permitted under the Rules of Criminal Procedure. Probation/parole officers often file letters without replying. Once he's past the Gag-1 stage, the agent isn't really assigned to him anymore.

He must endure two proceedings: Gag-2 for the vaiolation and back-time, and the new triel for the new charge. They can delay the Gag-2 until 90 days after the new case is concluded, so don't start planning on that happening in March. This is because they will wait to see how it goes, even though they can declare him a CPV on the basis of the preliminary hearing alone (held for trial.)

The Gag-2 will determine two things: any technical violations (TPV) and whether he has committed a new crime (CPV). He can get a hit for each one, and the CPV will mean he gives back his street time or back time.

The trial will address the charges connected with the stolen TV. It's always better to get the parole/probation matters settled first, but most agents and hearing examiners have learned to wait to be second.

If he posted bail on the new charge, then every day he's spent in custody since then is going towards parole/probation violation penalties, which is better. (In all likelihood, the new case will either get him time served or a concurrent sentence.) My guess is that they moved him to FRK because bail was posted, making him "available" to the Board.
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