We assist them if they currently qualify. So far the DA has withdrawn objections at all hearings. Our APO is very supportive.

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________________________________
From: chiefdefenders@pdap.simplelists.com <chiefdefenders@pdap.simplelists.com> on behalf of Jason LaBar <labar09@gmail.com>
Sent: Monday, June 16, 2025 6:39:31 AM
To: chiefdefenders@pdap.simplelists.com <chiefdefenders@pdap.simplelists.com>
Cc: chiefdefenders@pdap.simplelists.com <chiefdefenders@pdap.simplelists.com>
Subject: [EXTERNAL] - Re: Act 44 - Early Termination of Parole

EXTERNAL: Do not click links or open attachments unless you recognize the sender and know the content is safe.

Michael,

Our Court is scheduling all Act 44 hearings on PV days which occur at least once a week. My office always has a PD at these hearings. This specific issue was discussed at several trainings as being problematic especially in Counties where private counsel are permitted/automatically withdrawn from a case after sentencing/appeal. Because we have a PD there we will stand in as a courtesy to the court for these termination decisions but not for PV cases. Probation has furnished us with every early termination report since May 11th. The more interesting issue to me is how did the D object to schedule a hearing?

Jason
Sent from my iPhone

On Jun 15, 2025, at 11:52 PM, Sloane, Nicole - nsloane at eriecountypa.gov (via chiefdefenders list) <chiefdefenders@pdap.simplelists.com> wrote:


Yes. Erie public defenders decline to assist in that situation.

On Jun 15, 2025, at 11:36 PM, Halkias, Michael - mihalkias at cumberlandcountypa.gov (via chiefdefenders list) <chiefdefenders@pdap.simplelists.com> wrote:



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Adult Probation (at the direction of the court) reached out to me regarding a person who is eligible for termination of probation under Act 44.  The DA’s office is objecting to early termination, and a hearing will be held.  The defendant was originally represented by private counsel and is looking for assistance at the early termination of probation hearing.  The court is looking for a PD to represent the defendant for this hearing.  My response to probation was that this falls outside the scope of the representation we provide and we will not be representing the defendant.  We may assist a client that we represented, but we are not taking on a case handled by outside counsel.

Has anyone else had this issue?  Am I totally off base with my response?  Is anyone else assisting old clients with this or should we not be involved unless a person is facing incarceration rather than terminating probation early?

Any advice is appreciated!

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Michael Halkias, Esq.

He/Him

Public Defender Office  |  Chief Public Defender

o: 717.240.6285  | f: 717.240.7792

1 Courthouse Square . Suite 300 . Carlisle . PA 17013

cumberlandcountypa.gov<http://www.cumberlandcountypa.gov/>

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