December 5, 2018
The Consequences of a Probation Violation
You recently were charged with a DUI. The judge gives you two years of probation. A few months later, you miss one of your alcohol counseling session. The next thing you know, your probation officer is arresting you for a probation violation.
You’re nervous – what’s going to happen next? Are you heading to jail? Is your future in jeopardy? Let’s find out.
Probation Violations in PA: An Overview
When a defendant is found guilty of a crime, the judge may sentence the individual to probation as an alternative to a prison sentence. You must follow a set of conditions as handed down by the judge and your actions will be under the supervision of a probation officer.
However, if you violate the terms and conditions of your probation, you could be facing severe consequences. The most common types of violations include:
- Failing a drug test or completing mandatory drug/alcohol counseling
- Failing to pay fines or restitution
- Failing to either keep or find a job
- Removal of a monitoring device
- Not checking in with your probation officer
- You commit a new crime
The Consequences of Probation Violations
After a probation violation, you will be facing two hearings. The first hearing determines whether there is probable cause for the accusation. If your probation officer can prove you violated your probation, you will then proceed to the next trial which will determine whether you violated the terms of your probation.
If you are found guilty, it’s important to note that it doesn’t necessarily mean you’re heading to jail. The judge could add time to your probation or fine you, depending on the severity of the violation.
Violated Parole? You’re Going to Need Lawyer
If you are facing a parole violation, you do have the option to have an attorney present at your hearings. An experienced criminal defense lawyer can assist you in the hearings and challenge the validity of the probation officer’s proof. We’ll make sure you get the least punishment possible.
If you are facing a probation violation in Lackawanna, Luzerne, Wayne, Pike, or anywhere else in Northeastern Pennsylvania, get help now. Contact the Scranton criminal defense attorneys at Mazzoni Karam Petorak & Valvano today for a free consultation.