Not everyone who is convicted of a criminal offense is incarcerated. Many convicted defendants are instead sentenced to probation. While on probation, you must abide by the terms, conditions, and restrictions imposed by the court, and violations can mean serious consequences.

Probation may include various terms, often including mandatory drug testing, regular check-ins with your probation officer, and maintaining employment. A technical violation may involve breaking these rules. A criminal violation involves a new criminal act. After a violation, your probation officer may arrest you, and you may have multiple hearings regarding the violation. In some cases, a judge may alter the terms of your probation. In others, they can revoke probation, and you must complete your sentence from behind bars.

Get a free case review from our Philadelphia criminal defense attorneys by calling the Liberty Law Team at (215) 826-3314.

What is Probation in Philadelphia?

Probation is a form of sentencing often imposed as an alternative to incarceration. In some cases, a convicted defendant may be sentenced to probation in lieu of incarceration. In others, a defendant initially sentenced to a term of imprisonment may be released early and serve the remainder of their sentence on probation.

When on probation, you must abide by certain rules and requirements imposed by the court. Some of these requirements are standard across almost all probation cases. Other requirements might be individually tailored to your case. In either case, a violation of these requirements may be met with serious consequences.

What Are Common Probation Terms and Requirements?

A probation sentence comes with numerous rules and requirements, and you should go over the terms of your probation thoroughly with a lawyer.

Drug Testing

It is common for people placed on probation to be required to submit to regular drug testing. In some cases, random drug testing may also be implemented. If you fail a drug test, random or otherwise, you may be in violation of your probation.

Keeping a Job or Staying in School

Often, those on probation are required to hold down a job or stay in school. If you decide to quit your job without having another one lined up, or you drop out of school, you may be in violation of your probation.

Suppose you had to leave school or your job due to circumstances beyond your control. In that case, our Bucks County criminal defense attorneys will help you reach out to your probation officer to explain the situation.

Notifying Your Probation Officer if You Move

If you move to a new address while on probation, you must inform your probation officer first. If you relocate and do not tell them, or tell them only after moving, you may be in serious trouble.

Types of Probation Violations

A probation violation may or may not involve a new criminal offense. This can be confusing, as you might violate your probation without actually breaking the law.

Technical Violations

When someone violates their probation without committing a new crime, they commit a technical violation. This may involve something as simple as failing to check in with your probation officer. It might involve something more serious, like being near alleged victims or communicating with them when you are not supposed to.

Criminal Violations

If you commit a new crime while on probation, you are in serious violation and may face harsh penalties. Remaining free from criminal activity is inherent in almost all probation terms. Not only will you face penalties, like having your probation revoked, but you may also be charged and prosecuted for the new criminal offense.

Penalties for Violating Your Probation in Philadelphia

Penalties for probation violations vary based on the nature of the violation and other factors surrounding the case.

Re-Arrested

For almost any violation, your probation officer can arrest you and take you to jail before a probation violation hearing. While this does not mean that penalties will definitely be implemented, it can be unpleasant.

Your probation has a certain degree of discretion here, and they may choose to talk to you about the violation and issue a warning rather than take you into custody. This may be more likely in cases of minor technical violations.

Altered Probation Terms

After probation violation hearings, a judge may decide to alter the terms of your probation. This may involve making them more restrictive. It might instead revolve around structuring them to help you avoid future violations.

Probation Revoked

In serious cases, a judge may revoke your probation. If this occurs, you may have to finish out the rest of your sentence from behind bars. Additionally, if your violation stems from a new crime, you may end up being charged, prosecuted, and sentenced for the new crime. In that case, probation will likely not be implemented.

What Happens at a Probation Violation Hearing in Philadelphia?

After an alleged violation, you may be arrested and have hearings to determine whether penalties should be assessed.

Preliminary Hearing or Gagnon 1 Hearing

The first hearing you have is called a Gagnon 1 hearing. This hearing occurs almost immediately after you are arrested for a probation violation. The prosecutor must present enough probable cause to support their claims that you violated your probation, but they do not have to meet their burden of proof. If the prosecutor presents enough evidence, you may have to wait in jail until your next hearing.

Gagnon 2 Hearing

At a Gagnon 2 hearing, the prosecutor must present enough evidence to meet their burden of proof and prove that you violated the terms of your probation. The burden here is less than that in a criminal trial. In a criminal trial, prosecutors must prove their cases beyond a reasonable doubt. In a Gagnon 2 hearing, they must only prove their case by a preponderance of the evidence.

Put another way, prosecutors must prove it is more likely than not that you violated your probation. If they succeed, you may face penalties.

What if You Violate Your Probation by Mistake?

Probation violations occur for a wide variety of reasons, and some defendants commit violations by mistake. Perhaps you were unclear on how restrictive your probation terms were, or you did not realize that certain activities were prohibited. While unintentional violations may still be punished, your attorney may help you convince your probation officer to show leniency.

If your violation was due to an accident or mistake, tell your attorney immediately. A court may show leniency for honest mistakes, at least for a first-time violation.

What to Do if You Believe You Violated Your Probation

If you have realized that you did something to violate your probation, you should speak to a lawyer immediately about what to do next.

Call Your Lawyer

Contact your attorney for help as soon as possible. Explain to them how you believe you violated your probation. Your attorney can review the specific terms of your probation to determine if a violation has occurred. If it has, they can help you talk to your probation officer while also protecting your rights. If you are arrested for the violation, your attorney should be ready to help you at your Gagnon hearings.

Call Your Probation Officer

If your probation officer has not yet confronted you about the violation, your lawyer can help you contact them and explain the situation. By coming forward of your own volition, the probation officer may be more inclined to believe the violation was a mistake and not a result of bad behavior. In that case, they might issue a warning rather than arrest you.

How to Defend Yourself if You Are Accused of a Probation Violation

You can think of Gagnon hearings for probation violations as mini trials. The prosecutor may present evidence to support their claims that you violated probation, and you can defend yourself with the help of a lawyer.

Evidence of Your Whereabouts

Many violations can be proven or disproven based on your whereabouts at the time the violation supposedly occurred. For example, if you are accused of violating a curfew requirement, our Philadelphia criminal defense attorneys may prove that you were actually at home the whole time.

Evidence of the Alleged Violation

The prosecutor must present evidence of the supposed violation. If their evidence is insufficient, we can challenge their claims and hopefully convince the judge that the prosecutor cannot meet their burden of proof. If successful, we might have the case dismissed, and you will not be penalized.

We can also present our own evidence that contradicts the prosecutor’s evidence. If they present witnesses against you, we might have other credible witnesses who tell a different story.

Circumstance Beyond Your Control

Sometimes, violations happen due to circumstances you cannot control. For example, maybe you failed to check in with your probation officer because you were injured in an accident and were at the hospital. We could present evidence of the accident to prove that the circumstances surrounding the probation violation were simply out of your hands.

Do I Need a Lawyer if I am Released on Probation?

Being released on probation is not a get-out-of-jail-free card. While you do not have to serve your sentence from behind bars, you are still serving a sentence, and the authorities are watching. As such, it is crucial that you have a lawyer who is familiar with your case and probation terms.

Your attorney can quickly step in to help you if you are accused of violating your probation. A Gagnon 1 hearing happens very quickly after you are arrested, and you need a lawyer who is ready to help you right away.

You also need a lawyer who can help you refute claims made against you in a Gagnon hearing. If the evidence against you is weak, your lawyer should work to disprove the prosecutors and prevent you from being penalized. Even though you have already been sentenced and are on probation, you still have rights that need to be protected.

FAQs About Philadelphia Probation Requirements

When is Probation Available in Philadelphia?

Probation may be available in a wide variety of criminal cases. It is often favored in cases involving less serious charges. Serious or violent felonies may be less likely to involve probation. Alternatively, convicted defendants may be released from prison early to serve the remainder of their sentence on probation.

Are Probation Violations Serious?

Probation violations are always serious because even minor violations may lead to big penalties. However, if your violation is less serious or accidental, your probation officer might show leniency.

What Happens After an Alleged Probation Violation?

After an alleged violation, your probation officer may arrest you and take you to jail. You should quickly have two hearings about the violations, known as the Gagnon 1 and 2 hearings, before penalties are imposed.

Can I Fight Accusations of Probation Violations?

Yes. If you are arrested for a probation violation, you must have Gagnon 1 and 2 hearings, where you can challenge the accusations.

What Are the Penalties for Violating Your Probation?

Penalties may vary based on the alleged violation. Your probation terms might be altered or completely revoked, and you could be sent to jail or prison as a result.

Should I Call a Lawyer if I am Accused of Violating My Probation?

Yes. If you are arrested for a probation violation, call your lawyer immediately.

Speak to Our Philadelphia Criminal Defense Attorneys About Your Probation Terms

Get a free case review from our Chester, PA criminal defense attorneys by calling the Liberty Law Team at (215) 826-3314.