Any experience with appeal process for Ltcf in Allegheny County

[kevinw]

I was recently denied renewal for my LTCF in Allegheny County for conviction of an offense with a greater than 1 year possible sentence. The max possible sentence was two years which means under 6102 I should be eligible. I filed the first appeal with the sheriffs office and was denied, I am now filing with the court of common pleas. Any info or past experiences with this process would be appreciated.

[jerkin]

As long as it was a State misdemeanor that you were convicted of you should be ok but the sheriff can always try to use the character clause against you.

[kevinw]

That was what I was expecting the letter only states 6109 as reason for the denial and it was a state misdemeanor.

[FlinchbaughD]

I was my understanding that anything punishable by more then 1 year in jail was prohibiting.

[tl_3237]

I was my understanding that anything punishable by more then 1 year in jail was prohibiting.

Not for misdemeanors not exceeding TWO years, under both Commonwealth and Federal law, unless they are specifically referenced as prohibitors:

18 Pa CS 6102
"Crime punishable by imprisonment exceeding one year." The term does not include any of the following:
(1) Federal or State offenses pertaining to antitrust, unfair trade practices, restraints on trade or regulation of business.
(2) State offenses classified as misdemeanors and punishable by a term of imprisonment not to exceed two years.

18 USC 921(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include-
(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

[FlinchbaughD]

My apologizes I stand corrected.

[knight0334]

Not for misdemeanors not exceeding TWO years, under both Commonwealth and Federal law, unless they are specifically referenced as prohibitors:

In addition to the above,

If the offense was any grade of Domestic Violence, or listed in PA's 18>6105, it would be a prohibiting factor.

[kevinw]

I filed my appeal which cost $20.00 and the court office had a form you fill out to do it. The hearing is in three weeks in front of a court of common please Judge. I was also instructed to serve the Allegheny County Sheriffs Office with a copy of the motion. I will post the results of the hearing.

[redeye202]

Good luck...

[kevinw]

Update: The Sheriffs office's Solicitor contacted me and informed me that they reviewed my petition and my LTCF would be issued without appearing at court.