When a person is placed on probation, they must abide by the strict rules set by the court. A violation of these terms may result in big trouble.
Your probation officer may arrest you upon discovering the violation, and the court may impose severe penalties. If the violation is not severe or was committed by accident, your probation officer might let you off with a stern warning. Once probation is revoked, you may have to go to jail.
Get a private, free case review by calling Kenny, Burns & McGill at (215) 423-5500 and speaking to our Philadelphia criminal defense lawyers.
What Are the Penalties for Violating Probation in Pennsylvania?
The penalties for violating probation may range from a stern warning to jail time. Your outcome depends on the nature of the violation, your underlying charges, and your probation terms.
Receive a Warning
If you are a first-time offender and you violated your probation only once, your probation officer might talk to you about how you could be in serious trouble before letting you go. This is a courtesy and should not be expected to happen more than once. If the violation is more serious, you likely will not be let off with a warning.
Modification of Probation Terms
Your probation officer may arrest you for the violation and take you back to court, where a judge will reconsider your probation terms. After some hearings, the judge may alter your probation terms to be more restrictive or otherwise adjust them to prevent future violations. This can be very uncomfortable for defendants who find their freedoms even more limited.
Probation Revoked
In serious violation cases, the judge may completely revoke your probation. If you were released from jail or prison early to serve probation, you will be sent back to jail to complete your sentence. If you were sentenced to probation in lieu of jail time, you may be sent to jail to finish out your sentence.
What is Considered a Probation Violation?
Many probation violations stem from violating the court’s rules, while others involve new criminal offenses.
Technical Violations
A technical violation involves breaking the rules imposed on you by the court. For example, most people on probation must regularly check in with their probation officer. If you forget to do this, you may violate your probation even though you did not do anything inherently illegal. These are perhaps the most common violations.
Criminal Violations
The commission of a new criminal offense is a serious violation of your probation and will likely result in an arrest. Your probation officer is highly unlikely to show leniency in this kind of situation. Not only could your probation be in jeopardy, but you may face prosecution for the new offense.
Will I Go Back to Jail if I Violate the Terms of My Probation in Pennsylvania?
It is possible to be sent to jail or prison after a probation violation. Your probation officer may arrest you, and you may be briefly detained in jail while awaiting probation violation hearings before a judge. After the hearings, the judge could revoke your probation, and you may be incarcerated.
Generally, whether you were initially released early from prison or jail on probation or sentenced to probation in lieu of incarceration, you may have to finish out your sentence behind bars.
What Should I Do if I Violate the Terms of My Probation?
If you believe you have violated your probation, speak to your attorney as soon as possible.
Contact Your Attorney
Call your lawyer as soon as you realize a violation may have occurred. Our Doylestown, PA criminal defense lawyers can review your probation terms with you and determine if a violation even occurred. If it did, we can help you take the next steps to resolve the problem while protecting your rights from the authorities who might be too eager to penalize you.
Talk to Your Probation Officer
Your probation officer might show leniency if you come forward on your own. However, you should talk about this with your lawyer first. Sometimes, for minor violations, probation officers will recognize your honesty and candor by issuing a stern warning rather than arresting you.
FAQs About Probation Violations in Pennsylvania
Will I Go to Jail if I Violate My Probation?
You might go to jail for probation violations, but this largely depends on how the violation allegedly occurred. Small or accidental violations could be met with a warning from your probation officer instead of jail.
Do I Have to Commit a Crime to Violate My Probation?
You do not necessarily have to commit a new crime to violate your probation terms. Technical violations involve legal behavior that is prohibited by the terms of your probation. For example, failing to check in with a probation officer is not a crime, but it is a probation violation.
How Can I Be Punished for Probation Violations?
After a violation, your probation officer may arrest you and take you back to jail before you have a hearing with a judge. The judge could penalize you by making the terms of your probation more restrictive. They might instead revoke your probation and send you to jail.
What if I Violate My Probation by Accident?
Accidental violations are common, especially when probation terms are lengthy and complicated. If you mistakenly violate your probation, call your lawyer and inform your probation officer right away. The sooner you get out in front of the problem, the easier it may be to resolve.
Do I Have to Go Back to Court if I Violate My Probation?
Generally, probation violations require two hearings before a judge. However, your probation officer may agree to let you off with a warning for a first offense or minor violation. Remember, this kind of courtesy is not always extended and may not happen more than once or twice.
Who Do I Call if I am Confused About My Probation Requirements?
Contact your attorney and your probation officer if any of your probation terms or requirements are confusing. It is better to get help and ask questions before accidentally committing a violation.
Speak to Our Pennsylvania Criminal Defense Attorneys About Your Probation
Get a private, free case review by calling Kenny, Burns & McGill at (215) 423-5500 and speaking to our Conshohocken, PA criminal defense lawyers.
