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Criminal court, Jan. 28, 2014

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A Mahanoy City woman will spend time in prison after being sentenced Jan. 22 in Schuylkill County Court.

Nicole L. Kressler, 29, must serve 11 1/2 to 23 months behind bars, Judge John E. Domalakes ruled.

Domalakes made the sentence, which he imposed after revoking Kressler's probation, concurrent to one the defendant is serving from Bucks County for drug-related crimes.

"You blew it by being convicted of serious crimes," Domalakes told Kressler, who admitted violating her probation by committing new crimes and failing drug tests.

Kressler originally pleaded guilty on June 11, 2012, to retail theft. At that time, Domalakes placed her on probation for 23 months, and also sentenced her to pay costs, $50 to the Criminal Justice Enhancement Account and $22.85 restitution, amounts she still is obligated to pay.

Shenandoah police charged Kressler with committing the theft on Aug. 14, 2011, in the borough.

Kressler pleaded guilty on Nov. 14, 2013, in Bucks County Court to two counts each of delivery of a controlled substance, criminal use of a communication facility and possession of drug paraphernalia, with prosecutors withdrawing one count each of possession of a controlled substance and possession of a small amount of marijuana.

Bucks County Judge Rea B. Boylan sentenced her to serve four to 23 months in prison, pay costs and $100 to the Substance Abuse Education Fund, and submit a DNA sample to law enforcement authorities.

Quakertown police charged Kressler with delivering drugs and possessing paraphernalia on Dec. 31, 2012, in that borough.

Also on Wednesday, Domalakes revoked the probation of Brandi Benjamin, 23, of Ashland, and sent her to State Correctional Institution/Camp Hill for evaluation for participation in the state intermediate punishment program, which combines incarceration with treatment for substance abuse problems.

Domalakes revoked Benjamin's probation after the defendant admitted violating it by failing to report to her supervising officer, moving without permission and not making payments on her costs.

He rejected Benjamin's request to be sent to a faith-based rehabilitation facility in New York.

"I don't want to be around the people I affiliated with" while getting in trouble, Benjamin testified.

In another case, Domalakes revoked the probation of Trevor M. Carl, 23, of Minersville, resentencing him to time served to 18 months in prison with immediate parole and a drug and alcohol evaluation.

Carl originally pleaded guilty on Dec. 12, 2012, to theft, with prosecutors withdrawing a charge of receiving stolen property. At that time, Judge Charles M. Miller placed him on probation for 18 months and also sentenced him to pay costs and a $50 CJEA payment.

Pottsville police charged Carl with committing the theft on May 4, 2012, in the city.

Carl admitted violating his probation by being charged with a new crime and failing drug tests.

Also, prosecutors withdrew charges of possession of a small amount of marijuana and possession of drug paraphernalia against Andrew R. Kelley, 49, of Mahanoy City.

Mahanoy City police had alleged Kelley possessed marijuana and paraphernalia on Feb. 23, 2013, in the borough.

President Judge William E. Baldwin entered an order allowing prosecutors to withdraw the charges and directing the commonwealth to pay the costs of the case.


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