Accused of a probation violation in PA? Let’s get you some information now. When the Court sentences you to probation (sometimes called Intermediate Punishment) in Pennsylvania, it is a recognized alternative to jail. In exchange for not going to jail, the Court places certain conditions and limitations on your freedom and liberty. If you break the rules, you may face consequences including sitting in jail. A probation violation in Pennsylvania is the technical process in court where the Adult Probation and Parole office seeks to revoke (terminate) your probation and seek to have you re-sentenced by the judge. The re-sentencing can range from lengthening the period of probation to jail.
What is a violation of probation?
A violation of probation happens when the Court sentences a person to probation as punishment for a crime and he or she violates a condition of that probation. There are two kinds of probation violation: substantive and technical when it comes to a probation violation in PA.
Technical versus substantive probation violations:
Substantive Probation Violation in PA
A substantive probation violation occurs when the probationer commits another crime. A basic condition of all probation sentences is to not commit any further crimes. Violating this condition is very serious. Doing so could mean being taken off probation and being put in prison on what is called a detainer. A detainer is a court order issued by a judge authorizing you to be held without bail until the due process hearings of probation happen. So, you sit in limbo for months possibly.
Technical Probation Violation in PA
Technical probation violations are violations of any of the other conditions of probation. This can include
- failing to adhere to curfews,
- failing to report to your parole officer,
- not paying fines,
- possessing firearms,
- refusing a required drug or alcohol screening.
Not all probation sentences have the same conditions, but the conditions must be from the list in § 9763 of the Pennsylvania Judicial Code.
It is important to know what the conditions of your probation are, because following them is key to giving you back all of your freedom.
What to do if you are accused of violating probation?
Lawyer up. Make no statements. Sign no paperwork. Get an attorney right away. We have handled thousands of substantive and technical probation accusation cases. We will fight for you.
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