If you were convicted of a crime in Philadelphia, you might have been placed on probation instead of sent to prison. If you are on probation, it is important to follow all the rules of probation imposed by the court. Otherwise, you risk being incarcerated for a violation. There are severe consequences for a violation of probation that may begin from the moment you are arrested for a new crime. If you or a family member violated probation and needs legal assistance to deal with this issue, you should contact an experienced Philadelphia probation violation lawyer, like attorney Lloyd Long.
The Law Offices of Lloyd Long can help you deal with a probation violation. Defense attorney Lloyd Long has extensive experience in criminal law that he can utilize to help you with your case. To schedule a free legal consultation, call the Law Offices of Lloyd Long at (215) 525-6818 today, or contact us online.
What is Probation?
Pennsylvania defines probation as an alternative to incarceration that allows a person convicted of a crime to serve their criminal sentence while being monitored by Pennsylvania’s Adult Probation and Parole Department (APPD). A probation officer from the APPD will be assigned to your case when you are placed on probation. This officer is supposed to help you acclimate to probation and understand what is required of you during your probation term. The following is a list of common rules and conditions of probation in Pennsylvania:
- You must report to your probation officer when requested and permit your probation officer to visit your residence
- You must obey all laws, whether they are state laws or federal laws
- You are prohibited from owning a gun, owning ammunition for a gun, or another type of dangerous weapon like brass knuckles
- You are responsible for securing and maintaining employment (unless you are legally disabled)
- You cannot leave the state of Pennsylvania without obtaining written permission from your probation officer
- You cannot use a controlled substance unless it has been prescribed and you are subject to random drug testing
- You must notify the APPD immediately if you change your address
- You must participate in programs designed to steer you away from any areas of your life that encourage criminal behavior
- You must pay money for restitution, criminal fines, and any costs associated with supervision
This is not an exhaustive list. Additionally, if you are arrested for a new crime during your probation, the judge assigned to your probation case can sentence you to the maximum term for the crime you were convicted of. To learn more about probation rules in Pennsylvania, you should consult with an experienced Philadelphia criminal lawyer.
Types of Probation Violations in Pennsylvania
In Pennsylvania, there are two types of probation violations: technical violations and direct violations. A technical violation occurs when an individual on probation does not adhere to the specific obligations of his or her probation. For example, if you are ordered to stay away from a victim, and you fail to do so, that is a technical violation. A direct probation violation occurs when you are convicted of a crime while you are currently on probation.
Pennsylvania is very strict when it comes to probation violations. If you are arrested for a crime while you are on probation, you may have to undergo a detainer hearing. A detainer hearing is where the judge in charge of your probation determines whether you should be released on bail for your new offense. If the judge decides not to grant you bail, you will have to stay in jail until the case for the new offense is resolved.
It is possible that the judge may lift the detainer. However, a judge typically only lifts a detainer if your attorney provides a valid argument as to why you should receive bail. This means that even slightest legal infraction has the possibility of sending you to jail for a lengthy amount of time if you are arrested. It is also important to note that committing any of the following crimes will result in you being taken into custody until a hearing with your probation judge is secured:
- Aggravated assault
- Involuntary deviate sexual intercourse (IDSI)
Philadelphia Probation Violation Attorney Offering Free Consultations
Violating probation in Pennsylvania opens up various legal rules and regulations that may be difficult to understand completely. Fortunately, the Law Offices of Lloyd Long is here to help you through the process. With the invaluable experience gained as a former prosecutor, Lloyd Long has unique insight into how Pennsylvania’s probation process works. Our firm is dedicated to providing you with legal representation that is tailored to your unique needs.
To schedule a free legal consultation, call the Law Offices of Lloyd Long at (215) 525-6818, or contact us online. We are available to answer your calls 24 hours a day, seven days a week.