Violations of Probation and Parole in Bucks County, PA
Violating probation or parole in Pennsylvania can have serious consequences. Depending on the alleged violations, an offender can receive harsh penalties such as being sent to prison.
If you have been accused of a probation or parole violation in Bucks County, you need an accomplished, award-winning criminal defense attorney who will fiercely defend you, protect your rights and treat you with respect. If you are being investigated for a parole or probation violation, contact Keith J. Williams Law now!
PROBATION
What is Probation in Pennsylvania?
What Violates Probation in Pennsylvania?
What are the Consequences of a Probation Violation in Pennsylvania?
PAROLE
What is Parole in Pennsylvania?
What Violates Parole in Pennsylvania?
What are the Consequences of a Parole Violation in Pennsylvania?
HEARINGS
What Happens When an Offender is Accused of a Technical Parole or Probation Violation?
What is a Gagnon I Hearing?
What is a Gagnon II Hearing?
Do I Need a Parole and Probation Violations Defense Attorney?
What is the Difference Between Probation and Parole?
Anyone can be charged with a crime. Bucks County criminal defense attorney Keith J. Williams understands that bad things happen to good people and that, sometimes, good people make poor decisions. Whether he intervenes early with law enforcement to prevent charges from being filed; aggressively negotiates to dismiss or reduce charges; takes your case to a jury or nonjury trial; or assists with probation, parole, post-conviction or appellate matters, criminal defense attorney Keith J. Williams is prepared to fight for you.
People who have been convicted of crimes may be put on probation instead of sent to prison. People who have served part of their sentence may be released on parole. In both situations, conditions must be met to maintain this privilege. If you fail to meet these conditions, it can result in serious consequences.
PROBATION
What is Probation in Pennsylvania?
An alternative to jail or prison, probation is an agreement that allows a convicted offender the chance to remain the community under supervision of the criminal justice system. While on probation, the offender must comply with court-ordered terms and conditions and not acquire any new charges.
Terms and conditions of probation include reporting to a county probation officer on a regular basis, submitting to drug testing, maintaining an address, and in some circumstances, attending rehabilitation or support groups.
However, if an offender fails to meet any of the terms and conditions of probation, the offender is in violation of probation and can face severe penalties.
What Violates Probation in Pennsylvania?
There are two categories of probation violations in Pennsylvania: Technical Probation Violations and Direct Probation Violations.
Technical Probation Violations
Technical violations occur when the terms and conditions of the probation agreement are not followed. Technical probation violations can include:
Direct Probation Violations
A direct violation results when an offender gets arrested or faces charges for another crime or offense while on probation.
What are the Consequences of a Probation Violation in Pennsylvania?
If an offender violates the terms of their probation, the consequences depend on various factors including the seriousness of the violation, the circumstances of the situation and any prior violations on record.
Consequences of a Probation Violation Can Include:
PAROL
What is Parole in Pennsylvania?
Parole is conditional freedom of an inmate who is released before the end of their prison term. It is the period of time remaining on an offender’s sentence of incarceration after having served the minimum term of incarceration.
Terms and conditions of parole include reporting to and keeping in contact with their parole officer as well as adhering to certain conditions. These conditions include having a steady job or attending school, maintaining an address, obeying a curfew, submitting to drug testing, and attending rehabilitation or treatment sessions.
Parole supervision ends when the offender’s maximum sentence date arrives. Above all, to successfully complete parole the offender must comply with all conditions of parole and not commit a new crime.
What Violates Parole in Pennsylvania?
If an offender fails to meet any of the terms and conditions of parole, the offender is in violation of probation and will likely be returned to prison to serve all or a portion of the remainder of their prison term. There are two categories of parole violations in Pennsylvania: Convicted Parole Violations and Technical Parole Violations.
Convicted Parole Violations
Any new crime, such as a new misdemeanor, felony conviction or certain summary offenses, that an offender commits while on parole is a convicted parole violation.
Technical Parole Violations
Technical violations occur when the terms and conditions of the parole agreement are not followed. Technical parole violations can include:
What are the Consequences of a Parole Violation in Pennsylvania?
If an offender is arrested for a crime while on parole, is accused of assault or is possession of a weapon, they will most likely be returned to prison.
If an offender violates the technical terms of their parole, they can be subject to new limits on their freedom, sent to a treatment program, or put back in prison.
HEARINGS
What Happens When an Offender is Accused of a Technical Parole or Probation Violation in Pennsylvania?
An offender accused of a technical probation or parole violation has a right to two hearings: a preliminary hearing (Gagnon I) and a final hearing (Gagnon II). Just as in regular criminal court proceedings, the offender has the right to a defense attorney, to present evidence and call witnesses.
For more details, read PA Code, Chapter 71. Arrest and Hearing for Parole Violators.
What is a Gagnon I Hearing?
The Gagnon I Hearing determines whether or not there is probable cause that the offender committed a technical violation of probation/parole. This hearing must be held within 14 days of detention. At this hearing, it is determined whether the offender is free to continue on probation/parole or should be detained in jail for a second-level hearing and a final determination.
What is a Gagnon II Hearing?
The Gagnon II Hearing is the final hearing that determines whether or not the offender violated the terms of probation/parole. This hearing is held within 120 days of detention. This hearing determines whether the offender is free to continue on probation/parole or if they should be sent back to prison to finish their sentence.
Should the offender be free to continue probation/parole and depending on the severity of the technical violation, the outcome can result in sanctions. These include curfew, increased urine testing, heavy fines, attending treatment programs, placement in an in-patient treatment or technical parole violator center, or increased probation time.
CRIMINAL DEFENSE ATTORNEY
Do I Need a Parole and Probation Violations Defense Attorney?
Violations of Probation and Parole can result in severe consequences. If face an accusation of violating probation or parole, you need an award-winning criminal defense attorney by your side.
Through resourceful and effective defense strategies, skillful negotiations and exceptional courtroom skills, Bucks County criminal defense attorney Keith J. Williams will work diligently to ensure your rights are protected and achieve the best possible results for your case.
If you’re alleged to have violated your probation or parole, call Keith at 215-340-1134 for an aggressive, strategic, and affordable defense!
Need an Award-Winning Lawyer? Contact Keith J. Williams Law Today!
