Q: What is going to happen at my Petetion to revoke my suspended sentence?
I was arrested and convicted in 2017 for breaking and entering, I signed a plea for 6 years suspended time, in doing this I got PTR'D in a different county and sent to prison. I recently got out and am on parole and have now been charged with possession of meth. I did my sanction for parole and am now being ptr'd for receiving this new charge. When i was arraigned I was still incarcerated so they put me on call of court, about a week later I got sig bonded due to over crowding and my parole hold being lifted. I called the court house and found out I have court in about my month. I just want to know if I will be sentenced that day or if it can be continued? I do not have court for the new charge until January 2019. Is an arrest enough to revoke or will they wait until I get convicted? I know I am going to prison I just want to know what to expect next month, and if I should try to get a lawyer. Will a lawyer even matter in a revocation hearing? Can they get you less time?
A:
You can be revoked for the arrest. Continuance is more likely with a lawyer.
Yes, a lawyer can make a difference at a revocation hearing. Negotiation skills (possible history between the attorney and the judge or prosecutor) and/or other options that can be "missed" by the state. A colleague had a recent case where he was the only person in the courthouse aware of Act 423. The court recessed while judge, prosecutor and attorney reviewed Act 423. The result: "he (attorney) is correct. incarceration is excluded in this instance." I'd say the attorney made a difference. The prosecutor intended incarceration and would've gotten it if that attorney wasn't present.
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