Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 7 - POST-TRIAL PROCEDURES IN COURT CASES
Part A - Sentencing Procedures
Rule 708 - Violation of Probation, Intermediate Punishment, or Parole: Hearing and Disposition
Universal Citation: 234 PA Code ยง 708
Current through Register Vol. 54, No. 12, March 23, 2024
(A) A written request for revocation shall be filed with the clerk of courts.
(B) Whenever a defendant has been sentenced to probation or intermediate punishment, or placed on parole, the judge shall not revoke such probation, intermediate punishment, or parole as allowed by law unless there has been:
(1) a hearing held as speedily as possible at
which the defendant is present and represented by counsel; and
(2) a finding of record that the defendant
violated a condition of probation, intermediate punishment, or
parole.
(C) Before the imposition of sentence,
(1) The defendant may
plead guilty to other offenses that the defendant committed within the
jurisdiction of the sentencing court.
(2) When such pleas are accepted, the court
shall sentence the defendant for all the offenses.
(D) Sentencing Procedures
(1) At the time of sentencing, the judge
shall afford the defendant the opportunity to make a statement in his or her
behalf and shall afford counsel for both parties the opportunity to present
information and argument relative to sentencing.
(2) The judge shall state on the record the
reasons for the sentence imposed.
(3) The judge shall advise the defendant on
the record:
(a) of the right to file a motion
to modify sentence and to appeal, of the time within which the defendant must
exercise those rights, and of the right to assistance of counsel in the
preparation of the motion and appeal; and
(b) of the rights, if the defendant is
indigent, to proceed in forma pauperis and to proceed with assigned counsel as
provided in Rule 122.
(4)
The judge shall require that a record of the sentencing proceeding be made and
preserved so that it can be transcribed as needed. The record shall include:
(a) The record of any stipulation made at a
pre-sentence conference; and
(b) a
verbatim account of the entire sentencing
proceeding.
(E) Motion to Modify Sentence
A motion to modify a sentence imposed after a revocation shall be filed within 10 days of the date of imposition. The filing of a motion to modify sentence will not toll the 30-day appeal period.
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