Ask Me Help Desk - 3rd parole violation 1st drug offense

My fiancé is currently incarcerated at lehigh county prison due to a parole violation. He is on parole and this is technically his 3rd offense, his original charges whee defiant tresspass being he went into his best friends house ( which he had a key for ) and found his best friend sleeping with his girlfriend at the time.. so he pulled his best friends hair to get him off the bed and got.. defiant tresspass and simple assult misdemeanor 3. when he went to court he was put on probation. He went home his crazy ex girl kept calling him and writing him on aim finally he responded, all he said was see you around and she then claimed he was threaten her, the whole conversation was taking into court with phone records to prove that she was calling him not vise versa and still he was violated with overt behavior did 8 mnths was released on parole now this last march he was in my car driving in jersey which he has permission to be out of state, when one of his passengers thought it was a great time to pull his new bowl out and show everyone in the car, a cop was driving by saw this and pulled my fiancé over for " carless driving and fictious plates" it was my car I had all the proof in the car that my plates and registration are valid" this ciation will be droped once he gets his day in court in New Jersey, but when he was ulled over the cop told him he saw the bowl but then proceeded to let the other 2 passengers leave as they are related to a cop the next town over :( the guys left the scene with their bowl) but some how left their marijuanna in my car, my fiancé was cited and summons with a personal misconducted for small amount of marijuanna under 2 grams and booked and released that night on ror. We were planning to beat tha charges because there was no right to search my car plus the police paper work doesn't even state the other 2 passengers in the car beings they were released unlawfully, my car was towed and booked for evidence New Jersey wouldn't even let me grab my car seats so I had to drive back to pa with 2 kids on my lap and no car seat. Now on may28th my fiancé was called into his po office and was arrested, due to his citations in nj and failure to remain drug free, he has already served over a mnth in and we are being told that he can not be sentenced in pa till his new jerseycharges are taken care of, yet pa won't release him on bail so we can go to New Jersey and New Jersey is not extraditing him beings they are all traffic violations and misdemeanors, he is due to be off parole on December 27th of this year, this has been going on since he was 19 he is now 22 and we were looking forward to him getting off, my question is how long is he going to sit before he will be sentenced in pa, his pa parole officer is well aware that New Jersey will not be extrataditing but is still saying we have to wait for New Jersey, all the while if he loses his street time he will be in till dec 2011 that will be 4 years of hell he has gone threw for pulling someone's hair... any advice would be greatly appreciated

This is almost impossible to read and follow due to the lack of punctuation BUT it appears you believe your fiancé was somehow framed and that false charge has caused him to be arrested for violating probation. I'm not sure that all of his problems resulted from pulling someone's hair but you also are saying that PA is holding him until he settles the NJ charges; he needs to go to NJ to settle the NJ charges; NJ won't extradite him and take him physically to NJ; he's trapped between two Court systems. Is that correct?

Does he have Court-appointed counsel? Private counsel?

In NY you could have lost your car because someone else was in it with drugs.

I am laughing, you think you will beat the charges, OK, but that is the charges has nothing to do with parole violation.

1. if the plates were valid, then they would have been registered to that car. If when the police ran the plates, the DMV did not come back to that car, then that is valid reason for the stop, If for some reason you did not properly register it, does not do away with the reason for stop.
Next if the cop "saw" the bowl that is a reason for the stop also.

Next, the cop letting the other people go, does not stop him from being caught with it,

Sorry but I would be looking at a plea agreement but most likely they will just be going away for a while

The plates were valid it was bought from a buy here pay here and registered back to the dealership beings that the car was purchased less then a week prior to the incident. My question is not the charges in New Jersey he is on parole in pa. the charges that occurred in nj triggered the violation in pa, we already know he needs to appear in nj but with him being in jail in pa and nj not wanting to extradict. We are caught in a catch 22 with how to proceed. This is what advice I am looking for , he has a public defender in pa at this time. But he never gets back to either me nor him, so beings that he has already sat for over a month with no hearing or the violation and at this point is due to be released from parole in December, what am I to do to get the ball rolling so that he can have his day in court in pa for the violaton? Because he can not be released from pa parole with out a gagnon hearing for one and for 2 its pretty ty to sit in jail and not know anything as far as a release date.

You continue to call his Attorney - that's the only person who can help resolve this situation. If that Attorney doesn't return your calls, find another Attorney.

The driver is the one who takes the heat whenever there are drugs or a bowl present in a vehicle. And there is no such thing as a defense of "I didn't know the pot or the bowl was in the car". Won't wash. The court and the cops don't care if it was his pot or bowl or not. He IS on parole and should not be associating with such people. He can and will end up doing some time for this lack of good judgment when it comes to letting other people in a car that he is in (whether or not he's the driver either). And the fact they took your car away says it all.

The cop did have the right to search your car as he did SEE the bowl held up for God and the whole world to see so that right there gave him probable cause that there was something ELSE in the car that went along with the bowl - namely drugs. Sorry. Don't see that getting thrown out due to a technicality. And also letting the passengers go is a useless defense as well regardless of just who they knew or didn't know. The driver is responsible for everything and everybody in the vehicle he is operating.

The only thing I do see getting dismissed would be the tags and registration on the car.

If he somehow does come out of this situation without spending too much time in jail he needs to be extremely careful in the future just who rides with him in a car until he is off probation or parole. Ignorance of the other people's possessions while riding in a car is not a valid defense. Sorry. The best and only thing to do in his case was NOT to have anyone else in a car with him while he is on parole except you and your kids.

I'm not buying anything as "innocent" as using a key to enter another person's home and yanking their hair to wake them up. Hasn't he heard of using his voice and calling to the person to wake them up instead? The person who was rudely awakened by having their hair yanked on had every right to call the police on him even if this was done in a "playful" manner.

Sounds like your fiancé needs to learn some manners and/or some legal smarts to keep from landing in jail every other jerk. He sounds young and needs to learn that innocence and ignorance of the law don't wash with the courts and the cops.

You have two children and are excusing this man's behavior? He went to jail for doing nothing more (or less) than pulling someone's hair? I would be very, very careful that CPS doesn't get involved in this.

They are his soon to be step children, and it was not that he was being playful about pulling his best friends hair are you kidding me he found his best friend and girlfriend at the time in bed together as in he walked in on them having sex. As far as him being young this happened when he was 19 and is now 22 this happened when he was a kid and it is a mistake that has haunted him for 3 years now.

Quote:

Originally Posted by bellabtch8421

they are his soon to be step children, and it was not that he was being playful about pulling his best friends hair are you kidding me he found his best friend and girlfriend at the time in bed together as in he walked in on them having sex. as far as him being young this happened when he was 19 and is now 22 this happened when he was a kid and it is a mistake that has haunted him for 3 years now.

No, I'm not kidding you - we don't "kid" on the legal boards. He walked in on his girlfriend and best friend having sex and his reaction was to playfully pull his best friend's hair? So who had him arrested and why did the charges stick?

I repeat my advice - I would be very careful because, "soon to be stepchildren" or not (probably not until he gets out of jail) you could have CPS breathing down your neck.

Quote:

Originally Posted by bellabtch8421

they are his soon to be step children, and it was not that he was being playful about pulling his best friends hair are you kidding me he found his best friend and girlfriend at the time in bed together as in he walked in on them having sex. as far as him being young this happened when he was 19 and is now 22 this happened when he was a kid and it is a mistake that has haunted him for 3 years now.

You were the one who said the word "playful" not us. I really don't think he was being playful. I believe he was yanking as hard as he could in a blind rage. That's what landed him in jail and a conviction - and definitely NOT being playful. You are in deep denial about this guy. But that's okay. You'll happily marry this dude and find out in a few months or years to your horror we were right. I'm not a spring chicken and neither is JKT. We both mean well in the advice we give. It's just that sometimes the receiver of this advice sometimes fall on deaf ears as in your case. Good luck in any case.

Quote:

Originally Posted by twinkiedooter

You were the one who said the word "playful" not us. I really don't think he was being playful. I believe he was yanking as hard as he could in a blind rage. That's what landed him in jail and a conviction - and definitely NOT being playful. You are in deep denial about this guy. But that's okay. You'll happily marry this dude and find out in a few months or years to your horror we were right. I'm not a spring chicken and neither is JKT. We both mean well in the advice we give. It's just that sometimes the receiver of this advice sometimes fall on deaf ears as in your case. Good luck in any case.

Thank you for any help, I was just stating above that it was not playful jkt was the one who said it was playful you are right it was in a fit of rage when he was 19 and caught his best friend since middle school in the act with his girlfriend of 3 years, yes he did pull his hair and yea it was hard, since then and even right after the situation both his ex girlfriend and best friend tried to drop charges stating they were caught in a bad situation, either way cops were called charges stuck, I don't claim for my fiancé to be innocent, I'm just trying to figure out how to get him out of purgatory , where he is sitting now he has no court date. And no one will give us any answers. Any time I speak with anyone and they hear the story I get the same " wow" do you know what you are getting yourself into look. The trueth is he is a very kind hearted man, he has helped me raise my children, and before we were togther he was my best friend for the last 3 years, so I am intimate with the case, in addition he is still friends with the man who he caught in bed with his ex. We do understand that it doesn't matter whether he knew anything was in the car or not, and that by him having friends that would put him in that position, he may notbe a great judge of character. But his mother has breast cancer and has had a stroke so we are trying to get things sped up so that its not anymore stress on her, and genuinely he is not a hardend criminal, part of his problem is he tries to see the best in everyone which I think is what got him in the situation in New Jersey ex, driving with someone who has drugs on them. Plus blind ignorance for thinking he could get in trouble for having them in the car while he was driving