If you are on probation or parole in Pennsylvania, violating the terms of your probation or parole can have serious consequences. As a result, it is important to make sure you comply—and, if you make a mistake, it will be important for you to speak with a PA criminal attorney as soon as possible.

While there are a variety of potential defenses to probation and parole violations in Pennsylvania, the defenses you can assert depend on the facts of your case. With jail (or prison) time and other penalties on the table, you must defend yourself by all means available.

Consequences of Probation & Parole Violations in Pennsylvania

If you violate the terms of your probation or parole in Pennsylvania, the consequences depend on the nature of the violation. Broadly, all probation and parole violations fall into one of two categories:

  • Technical Violations – A technical violation involves failing to comply with one of the specific terms of your probation or parole. This includes things like failing to contact your probation officer, failing a drug test, failing to pay fines or restitution, and quitting your job or leaving school.
  • Committing a Crime – Committing a crime while you are on probation or parole is also a violation. This includes committing any misdemeanor or felony—from drug possession and driving under the influence (DUI) to weapons offenses and violent crimes.

If you commit a technical violation, your probation or parole can be revoked. If this happens, you will be required to serve your sentence, which could mean being sent to jail. Alternatively, the judge may decide to modify the terms of your probation or parole, either by extending its duration or imposing additional requirements.

If you commit a crime while you are on probation or parole, not only can you face the consequences of a probation or parole violation, but you can also face prosecution for the crime you committed. If you are on probation, the judge is less likely to grant probation again, which means that you could face jail or prison time (along with fines, community service, and other consequences).

Potential Defenses to Probation & Parole Violations

With these risks in mind, if you have been accused of violating the terms of your probation or parole, it will be important to quickly assess what defenses you have available. Some examples of potential defenses to probation and parole violations include:

  • False allegations
  • Lack of proof
  • Substantial compliance
  • Unintentional violation
  • Rehabilitation or treatment

While asserting certain defenses (i.e., false allegations and lack of proof) may allow you to avoid consequences entirely if your defense is successful, others (i.e., unintentional violations and seeking treatment) are more focused on mitigating the consequences of your mistake.

How Experienced PA Criminal Attorneys Can Help

Whether you are being accused of a technical violation or committing a crime while on probation or parole, there are several ways experienced PA criminal attorneys can help you in this scenario. When you hire an experienced PA criminal attorney to represent you, your attorney will:

  • Thoroughly assess the facts of your case to determine if you actually violated the terms of your probation or parole.
  • Examine the evidence to determine if prosecutors have the proof they need to seek revocation and/or additional penalties.
  • Advise you regarding options for mitigating your risk, such as entering into a rehabilitation or treatment program;
  • Represent you at all hearings in your case (potential hearings in parole violation cases include a preliminary hearing, violation hearing, detention hearing, and revocation hearing); and,
  • If necessary, defend you against your new misdemeanor or felony criminal charge in the Pennsylvania state court.

Regardless of the circumstances of your case, you have options available. With that said, there are no guarantees, and it is up to you to take action to protect yourself. This starts with hiring an experienced Pennsylvania criminal lawyer as soon as possible.

FAQs: Probation & Parole Violations in Pennsylvania

What counts as a probation or parole violation in Pennsylvania?

When you are sentenced to probation or released on parole in Pennsylvania, your freedom is subject to numerous conditions. Common conditions include checking in regularly with your probation or parole officer, undergoing drug testing, performing community service, and staying in school or remaining employed. Staying out of trouble with the law is a standard condition of probation or parole as well. Failing to comply with any of these terms counts as a probation or parole violation in Pennsylvania.

What happens if you violate probation in Pennsylvania?

If you violate probation in Pennsylvania, you will be required to appear before a judge, and the judge will determine what consequences are warranted under the circumstances at hand. If you committed a technical violation, the judge may revoke your probation (in which case you could immediately be sent to jail), or the judge could extend or modify the terms of your probation. If you violated your probation by committing a crime, you will need to defend against this crime in court.

What are the consequences of a parole violation in PA?

The consequences of a parole violation also depend on the nature of the violation in question. Broadly speaking, however, if you are accused of violating the terms of your parole, you will need to defend against these accusations in court to avoid jail (or prison) time and other penalties.

How soon should I contact a PA criminal attorney after being charged with a violation?

If you have been charged with a parole violation in Pennsylvania, you should contact a PA criminal attorney immediately. You will need to be prepared to defend yourself during your preliminary hearing or detention hearing, and preparing starts with understanding the defenses you have available.

Request a Free & Confidential Consultation with Pennsylvania Criminal Lawyer Brian Fishman

Have you been accused of violating the terms of your probation or parole in Pennsylvania? If so, we encourage you to contact us promptly for more information. Call 267-758-2228 or contact us online to request a free and confidential consultation with Pennsylvania criminal lawyer Brian Fishman.