- Jurisdiction
- Pennsylvania
I was sentenced with a first DUI to the maximum penalty in the state of PA. I had 6 months probation and hefty fines. With two months left on probation For my first DUI I picked up another charge with refusal of a blood alcohol test. The officer took me to the holding center which then they (probation) had put me in county prison for 41 days. Now, my pre-lim for that charge was in June. The day of my prelim my public defender told me that probation had illegally detained me for violation of my first charge which held no jail time. They had the judge fax over my release papers to the prison in which I was released immediately and let off of probation 20 days earlier than I was supposed to and my docket was closed. My public defender told me to not let them get away with illegally detaining me and is telling me to go after them once my 2nd sentence of probation is fulfilled. Do I have a case against probation and is this true? I would assume public defenders know the law and wouldn't be blowing smoke up my butt. My public defender told me to get in touch with them as soon as my probation is up and to not do it while I'm on probation now as this could complicate things for me. Any advice or information any could give me would be appreciated.