Work Release while on house arrest?

Can I get work release if I have been previously sentenced to house arrest and work release was not granted during the original sentencing hearing?

Yes, the conditions of house arrest can always be changed. Your attorney will have to petition the judge and request work release and the hours that you will be allowed to leave your home. It is always best to have a job already lined up that way the judge sees that you are being released to an actual job as apposed to being given an opportunity to find a job. A good criminal defense attorney should be able to coordinate and arrange for all of this to happen.

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In Responce to the V.A.M. Expungement

The general assembly of Pennsylvania has responded to the new case of V.A.M. regarding an expungement of a case that was thrown-out due to DNA evidence. See HOUSE BILL No. 1925 Session of 2009. The general assembly is again thinking about expungements in PA, trying to changing the law where the prosecution has withdraw a conviction and asked it be vacated due to later discovered evidence, making expungement automatic, like a not guilty. Will this become the law...don't know.

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Out of State Conviction, Prior Record Score in Pennsylvania

I committed a crime in Pennsylvania. My sentencing is coming up. I was previously convicted of another crime in another state. How will the old crime effect my new sentence and how will it change my prior record score? I cannot find the identical crime anywhere in the PA statutes.

When you get sentenced in Pennsylvania and you have a prior from another state, the Pennsylvania judge is supposed to "score" the old out of state offense so that your prior record score appropriately reflects the actions you did in the other states as if they occurred in PA. A problem exists, and I have encounter, when someone pleads guilty to a lesser charge in another state, but the acts contained in the discovery of the other case are much worse. In that instance I argue that the scoring should be based on the statute in the other state, not the actual facts of the case. In other words, the scoring example should the most reasonable as if the out of state case happened in Pennsylvania so the prior record score is appropriate considering all of the relevant conduct.

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Programs in State Custody

How do I do the programs in state custody so that I can get paroled sooner?

You can start to do the programs, finish the programs, and get credit for the programs once nothing else is holding you in custody except cases that you are serving sentences on. Once you are eligible to start the programs, most programs are available except special programs that need to be designated to you by the original sentencing judge. You cannot do programs like bootcamp, IP, or riii, but all of the other programs are available.

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Expungements and DNA

This is less of a question and more of a commentary that is relevant to many questions we get on expugnements. We get a question on either a summary offense or an expungement every day, so I thought this post appropriate for our readers.

Defendant was convicted of rape and sentenced to 12-24 years. Some ten years late, after the DNA was run, his lawyer proved that he could not have been the rapist. The case was nolle prossed by the District Attorney (prosecution withdrawn).

The Defendant filed for an expungement and it was denied due to the "commonwealth's interest in maintaining a record."

This was a Philadelphia case where a well known DA testified that the reason the prosecution did not move forward was due to fact that the DA's office could no longer find the victim. Simply the fact that the DNA was not a match did not preclude the Defendant was being part of the crime if he did not ejaculate. Also, if they could find the victim, they would have re-prosecuted the Defendant.

The majority wrote that the DA has to show why it should not be expunged, and remanded it with an order to expungement (remand means sent back to the lower court). The decent wrote it should be remanded for further proceedings so the trial level judge could make a record as to their finds to see what they considered in their opinion.

I don't understand the decent at all. If an appellant's lawyer doesn't write down the proper grounds for an appeal in the 1925b, there is no second chance. How can they send a case down to give a judge a second chance?

FYI: Commonwealth v. V.A.M., 2009 PA Super 156

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Spring Loaded Baton, Telescopic Baton, Blackjack, HELP!

I live in Pennsylvania. I want some self protection. Can I carry a spring loaded baton or a telescopic baton for the sole purpose of self protection?

No. The mere possession of either of those items is a crime under section 908 of the PA crimes code entitled "Prohibited Offensive Weapons." Specifically, under section 908(c), a blackjack is listed as one of the prohibited weapons.

The follow-up question was, "It is ok to carry a Kubotan?" A Kubotan is defined on wiki, and still meets the blackjack definition from wiki, or the crimes code. However, if used in a crime, all of these items would be a PIC (possession of an instrument of crime).

A POW is defined below:

§ 908. Prohibited offensive weapons


(a) OFFENSE DEFINED.-- A person commits a misdemeanor of the first degree if, except as authorized by law, he makes repairs, sells, or otherwise deals in, uses, or possesses any offensive weapon.

(b) EXCEPTIONS.--

(1) It is a defense under this section for the defendant to prove by a
preponderance of evidence that he possessed or dealt with the weapon
solely as a curio or in a dramatic performance, or that, with the
exception of a bomb, grenade or incendiary device, he complied with the
National Firearms Act (26 U.S.C. § 5801 et seq.), or that he possessed
it briefly in consequence of having found it or taken it from an
aggressor, or under circumstances similarly negativing any intent or
likelihood that the weapon would be used unlawfully.

(2) This section does not apply to police forensic firearms experts or
police forensic firearms laboratories. Also exempt from this section
are forensic firearms experts or forensic firearms laboratories
operating in the ordinary course of business and engaged in lawful
operation who notify in writing, on an annual basis, the chief or head
of any police force or police department of a city, and, elsewhere, the
sheriff of a county in which they are located, of the possession, type
and use of offensive weapons.

(3) This section shall not apply to any person who makes, repairs,
sells or otherwise deals in, uses or possesses any firearm for purposes
not prohibited by the laws of this Commonwealth.

(c) DEFINITIONS.-- As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Firearm." Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

"Offensive weapons." Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

(d) EXEMPTIONS.-- The use and possession of blackjacks by the following persons in the course of their duties are exempt from this section:

(1) Police officers, as defined by and who meet the requirements of the
act of June 18, 1974 (P.L. 359, No. 120), referred to as the Municipal
Police Education and Training Law.

(2) Police officers of first class cities who have successfully
completed training which is substantially equivalent to the program
under the Municipal Police Education and Training Law.

(3) Pennsylvania State Police officers.

(4) Sheriffs and deputy sheriffs of the various counties who have
satisfactorily met the requirements of the Municipal Police Education
and Training Law.

(5) Police officers employed by the Commonwealth who have
satisfactorily met the requirements of the Municipal Police Education
and Training Law.

(6) Deputy sheriffs with adequate training as determined by the
Pennsylvania Commission on Crime and Delinquency.

(7) Liquor Control Board agents who have satisfactorily met the
requirements of the Municipal Police Education and Training Law.

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