Commonwealth of Pennsylvania, v. Miguel Cruz

Commonwealth of Pennsylvania, v. Miguel Cruz

Criminal Action-Law-Supervision-Violation-Sentencing Authority-Act 44-Techical Violation-Discretion at Re-Sentencing

Miguel Cruz (“Defendant”) was sentenced to probation under a plea agreement relating to convictions involving his possession of drugs inside of the Lebanon County Correctional Facility.  Following violations of probation including multiple failed urine drug screens and failure to maintain employment, Defendant asserted that the Court lacked authority to impose more than fourteen (14) days of incarceration pursuant to Act 44.

1.  Act 44 provides that a court cannot sentence a first time probation violator to more than fourteen (14) days’ imprisonment as a result of a technical violation, which is defined as a violation other than commission of a new criminal offense.

2.  In Commonwealth v. Kurtz, 2025 WL 1541385 (Pa.Super. May 30, 2025), the Pennsylvania Superior Court held that Act 44 applied to with regard to sentences imposed before the effective date of the Act of June 23, 2024. 

3.  Act 44 will not be applied in re-sentencing Defendant on the probation violation in this case, as Defendant was sentenced two (2) months before Act 44 became effective, Defendant was convicted for possessing drugs inside the Lebanon County Correctional Facility with having smuggled drugs into that facility, a term of Defendant’s guilty plea specifically included an understanding that he could be sentenced to a period of incarceration in a State Correctional facility if he violated the terms of his probation and Defendant repeatedly violated probation through multiple failed drug screens.

L.C.C.C.P. No. CR-608-2023, Opinion by Bradford H. Charles, Judge, August 20, 2025.