Akron, OH asked in Criminal Law and Gov & Administrative Law for Pennsylvania

Q: Can a judge give me more time for a probation revocation if I've already been sentenced and without new charges?

I just maxed a 3 to 6 year sentence a judge gave me. I was originally sentenced to 3 to 12 months in the county and 3 years probation. I had no new charges, yet the judge resentenced me and added more time on to my sentence making me have to do 6 years instead of 3. I had tech violations but it was also my one and only revocation. What can I do, I was told that is double jeopardy as it was sentencing me for the same thing twice. I had a public defender who did nothing. Please help me 6 years of my life is gone. Thank you!!!

1 Lawyer Answer
Ryan L Hyde
Ryan L Hyde
  • Criminal Law Lawyer
  • Exton , PA
  • Licensed in Pennsylvania

A: From your location this is an Ohio question, which I am not qualified to answer. However, if this is a Pennsylvania question the answer is that if probation is revoked you can be resentenced to anything that was originally allowable. Its an important differentiation between probation and parole. What you are describing would be perfectly legal based on there being a probation element to your sentence (and is often why prosecutor insist on a probation tail in addition to parole). This is often done in cases where there is resitution or costs owed so that they can extend your time to get the restitution paid.

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