Legal Question in Criminal Law in Pennsylvania

My boyfriend is on 4 years county probation in NJ for unlawful theft and was up for early termination pending payment on the remaining restitution/fines. Through the interstate compact, we transferred his supervision to PA so that we could move into our apartment together. He is now two and a half years into his probation and recently, on his way to work, he stopped at a friend's house and upon leaving, was followed and arrested (the "friend" was being watched after a complaint was made). The police report states that he was arrested with 0.2 grams of marijuana in Philadelphia. PA issued a detainer and is currently holding him in a state prison on a tech violation of being in Philly not at work without permission and because of the new charge. He already had his probable cause hearing at the prison. He was supposed to go to a hearing yesterday for the possession charge but when he wasn't picked up and I checked the dockets, I found that the possession charge was withdrawn. I understand that this still leaves the technical violation and I would be in quite a tight spot to try and hire an attorney right now so my job (law firm) offered to represent him IF I write off the $15,500 they owe me for software that I had developed for them. I understand that this is QUITE a large amount of money for an attorney but the attorney provided would be licensed in both PA and NJ. Given that a criminal conviction is required for the VOP and now we only have the tech violation, if I were to hire an attorney, which state would I need to worry about? He has never had any other violations or issues with probation, would an attorney (beyond a public defender) even be able to do much in this situation? Would the technical violation be an NJ or a PA issue and how many (and what kind of) hearings could I expect to need an attorney for or is there a chance that an attorney would be a waste of money at this point?


Asked on 11/01/11, 5:18 pm

1 Answer from Attorneys
Ellis Klein Young, Klein & Associates

Since he was on probation in NJ, then that is where the violation hearing would occur. $15k for a vop hearing is absolutely insane and it sound like you are being taken advantage of. I cannot quote you a fee because you did not say where in New Jersey. If you give me a call I would be able to quote a fee. We are licensed in PA and NJ.

Good luck

Ellis Klein, Esquire

Young Klein & Associates

215-639-5297

www.ykacrim.com

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Answered on 11/01/11, 6:01 pm


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