I'm looking for Pennsylvania Penal Code Chapter 97, Sub-Chapter F,
Statute 9773, or any other statute, which sets precedent in PA that if a person
is physically injured before reporting to jail on a designated day,
that the time the person spends recuperating from the injury (in this
case, brain-injury)is applied toward the jail time as long as the
person is under supervision and not out and about. Could you help find
any precedent of this nature in PA? pahenley::
The Model Penal Code, drafted in 1962, represents the work of a decade of Proposed Crimes Code for Pennsylvania, p. 77 (1967)
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Westmoreland County.
Thanks. anything you can find will be helpful.
I have an attorney, but he doesn't think there are any precedents. I'm
just trying to help him.
Here is a copy of 42 Pa.C.S. 9773:
9773. Modification or revocation of intermediate punishment
sentence.
(a) General rule.--The court may at any time terminate a sentence of
intermediate punishment or increase or decrease the conditions of a
sentence pursuant to section 9763 (relating to sentence of
intermediate punishment).
(b) Revocation.--The court may revoke a sentence of intermediate
punishment upon proof of a violation of specific conditions of the
sentence. Upon revocation, the sentencing alternatives available to
the court shall be the same as the alternatives available at the time
of initial sentencing. Consideration shall be given to the time served
in the intermediate punishment program.
(c) Hearing required.--A court shall not revoke or increase the
conditions of a sentence of intermediate punishment without a hearing
at which the court shall consider the record of the initial sentencing
proceeding as well as the conduct of the defendant while serving a
sentence of intermediate punishment. A hearing is not required to
decrease the conditions of the sentence.
"Judiciary and Judicial Procedure (Title 42): Part VIII. Criminal
Proceedings: Chapter 97. Sentencing: Subchapter F - Further Judicial
Action"
Pennsylvania Consolidated Statutes / Unconsolidated Pennsylvania
Statutes
http://members.aol.com/StatutesP2/42.Cp.97F.html
Section 9763, mentioned in that statute, can be found here:
"Judiciary and Judicial Procedure (Title 42): Part VIII. Criminal
Proceedings: Chapter 97. Sentencing: Subchapter E - Further Judicial
Action"
Pennsylvania Consolidated Statutes / Unconsolidated Pennsylvania
Statutes
http://members.aol.com/StatutesP2/42.Cp.97E.html
Please note that I am not a Pennsylvania lawyer. I am a researcher
for Google Answers, and can only provide the results of my research,
not expert legal commentary.
I did not see any other statutes that might apply to this situation,
in either of the two (incomplete) Pennsylvania statute databases of
which I am aware:
The Pennsylvania Code
http://www.pacode.com/
Pennsylvania Consolidated Statutes / Unconsolidated Pennsylvania
Statutes
http://members.aol.com/StatutesPA/Index.html
As a layperson, I would suppose that 42 Pa.C.S. 9773(a) could be
useful in your situation. But only a Pennsylvania lawyer, with
expertise in Pennsylvania criminal law, can give professional advice
on how to proceed.
If you can tell me in which county you are located, I can try to find
a legal services office for that area. (If you don't feel comfortable
giving that information, of course I would understand.)
- justaskscott-ga Pennsylvania Permanent Cosmetic Legislation::
permanent cosmetics, micropigmentation, permanent makeup, and cosmetic tattoos in Pennsylvania. CHAPTER 2 THE PENAL CODE OF 1939. ARTICLE VII. OFFENSES
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