Q: Can my husband be sentenced without his lawyer present??
On March 12 my husband showed at york county courthouse in york pa for a probation intake. Upon entering was told he had warrant was booked and told he was in holding cell until he could see a judge. Warrant was for failure to appear for probation violation from a 2014 1st dui conviction, got 2nd dui March 2017. Received 5 years probation 2014. He saw judge approx 4pm same day (he went in at 1pm) was never asked if he wanted a lawyer present and was sentenced 6-23 mos. He was very confused about proceedings, did not understand charges. Also his 2nd dui occurred in different county, he asked to have his probation transferred to york county because the have an office in our town. In dauphin county was given 6 months house arrest, spoke with man who put on my husband's ankle monitor and he told me that when he ran check for warrants nothing showed up. Also, my husband has never missed a court appointment and told judge he never received the letter or he would have been there.
A: No, you cannot be sentenced without your lawyer present unless you don't have a lawyer and have decided to proceed pro se. This would be grounds for a new sentencing hearing on appeal or through a PCRA.
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