if someone is convicted for **** possession in a prison in Wilsbury, Scranton county, Pa?. Can he do house arrest in Montgomery county, Pa?

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if someone is convicted for **** possession in a prison in Wilsbury, Scranton county, Pa?. Can he do house arrest in Montgomery county, Pa?

My son-in-law is in Lakawanna prison in Scranton, Pa. for **** possession. He was sentenced to 3 months in prison and 3 months house arrest. He is being told he cannot do his house arrest at home because of tracking device. He has 2 small children and my daughter is concerned that he will be away for 6 months. He is being detained in Wilbury, Pa and lives in Montgomery county. Thank you for any information you can give us on this matter.

Asked on May 3, 2009 under Criminal Law, Pennsylvania

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not quite sure how the authorities in Scranton County plan to have your son under house arrest there, if he has no place there to live.  And I would be very surprised if Montgomery County does not have the ability to monitor him on a tracking device there.  But the worst case here is that he might have to do the whole six months in jail.

I don't know if there is anything in the law to prevent Scranton County from allowing his house arrest to be transferred to Montgomery County, or not.  If it's possible, it would probably involve some extra paperwork for the court officials, and Scranton County would probably have to pay Montgomery County for the cost.  So it might just be a question of the people not wanting to be bothered by the red tape.  On the other hand, it might simply not be possible.

You are much more likely to get cooperation from the court officials if you have an attorney on your side.  If you need to find a lawyer, you can do that at http://attorneypages.com


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