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    esther414's Avatar
    esther414 Posts: 3, Reputation: 1
    New Member
     
    #1

    Jan 22, 2010, 12:29 AM
    New charges/PV in PA
    Hi everyone... thanks for taking a minute to read my post. I am keeping out some details in order to keep the post length to a minimum.

    My husband is currently in jail on a PV (new M3 charges supposedly occurring on two dates, one of which he has an alibi for, and a tech violation of missing an appointment). His current probation is one year on an M3 charge. He has a record from 8+ years ago, not the same charges as the current ones, and he has been off parole for years.

    I have two questions:
    1. Our lawyer is looking to have the current charges dismissed, but if he was to be found guilty of one M3 charge (since we have an alibi for the other), any insight on how much time he might be looking at serving?

    2. He's been in for two weeks and while the prelim has been scheduled 6 weeks out, still no word on the PV hearing. We thought we'd have heard by now. Is there anything in PA that says when a PV is to be scheduled? I can't find any info via online searches.

    Thanks again!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 22, 2010, 01:07 PM

    My concern with these questions is that you have an Attorney who is far more familiar with the charges, circumstances, State law, than "we" are. What does he/she say?

    You should get the advice from the Attorney - you're paying for it!
    esther414's Avatar
    esther414 Posts: 3, Reputation: 1
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    #3

    Jan 22, 2010, 08:54 PM

    I asked about a week ago and didn't hear back in reference to that, but did hear recently about some other case details. I'm planning on asking again right before the prelim, but thought I'd ask here to see if anyone had any insight.

    You're absolutely right... we are paying for the attorney. That's why I don't want to use the money right now to pay for him to reply to emails/phone calls. :) Thanks so much for your quick reply!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jan 23, 2010, 07:34 AM

    It's a mistake to retain an Attorney and then second guess him/her based on info from a question and answer site - your Attorney knows the laws, the details, far more than what has been posted here. If you have an important question for the good of your case - call and ask the Attorney.

    It's unfair for "us" to be expected to answer without all the info (which may or may not be important) and it's unfair for the Attorney to have to defend himself/herself.
    esther414's Avatar
    esther414 Posts: 3, Reputation: 1
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    #5

    Jan 23, 2010, 07:48 AM

    Sorry JKT. Just wanted info from others who might have been in a similar situation or knew someone who was. I must've misunderstood how to use this site. Thanks again for your speedy and informative replies!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jan 23, 2010, 08:03 AM

    No, you didn't misunderstood. It's for questions and answers. I just wanted you to understand that if you are requesting info and you already have an Attorney you very well may be making a mistake - and offending your Attorney at the same time.

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