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If you have been accused of violating probation or parole in Bucks County, you face immediate and severe consequences. A violation can lead to the revocation of your release, significant additional jail time, and stricter supervision conditions. Bucks County judges and probation officers handle these violations aggressively, often resulting in immediate detention at the Bucks County Correctional Facility. However, you have fundamental rights — including the right to a Gagnon hearing and the right to legal representation.
The defense attorneys at SKA Law Group understand the Bucks County court system. We know how to navigate the complex probation and parole violation process, advocate for alternatives to incarceration, and ensure your rights are fiercely protected. Do not ignore a probation violation notice or attempt to explain yourself to your probation officer without an attorney present — these cases move rapidly and require immediate, strategic intervention.
Understanding the Difference Between Probation and Parole in Pennsylvania
While both probation and parole are alternatives to serving a full sentence in prison, they occur at different stages of the criminal justice process and are supervised by different agencies.
Probation is a sentence handed down by a judge that allows a convicted person to remain in the community under the supervision of the Bucks County Adult Probation Department, located at 30 E. Court Street in Doylestown, rather than being incarcerated. Probation conditions typically include regular reporting to a probation officer, drug and alcohol testing, maintaining employment, and refraining from any new criminal activity.
Parole occurs when an inmate is granted conditional release from state prison after serving the minimum term of their sentence. Parole is supervised by the Pennsylvania Board of Probation and Parole, not the county. In both situations, your freedom is conditional — and a violation of any term can result in you being sent back to jail or prison.
Types of Probation and Parole Violations in Bucks County
Violations fall into two distinct categories, each carrying different levels of severity.
Technical Violations
A technical violation occurs when you fail to follow the specific rules and conditions of your supervision agreement without committing a new crime. Common technical violations in Bucks County include:
Failure to report to your probation or parole officer on the scheduled date and time.
Failing or refusing a mandatory drug or alcohol test required under your supervision conditions.
Failure to pay court-ordered fines, costs, or victim restitution as directed by the court.
Failure to complete required community service hours or court-ordered treatment programs such as anger management or drug rehabilitation.
Moving residences or changing employment without notifying your probation or parole officer in advance.
Traveling outside the jurisdiction — including leaving Pennsylvania — without obtaining prior written permission from your officer.
Associating with known criminals or violating any no-contact order imposed as a condition of your supervision.
Direct (Convicted) Violations
A direct violation is significantly more serious. It occurs when you are arrested and charged with a new crime — whether a misdemeanor, felony, or certain summary offenses — while you are still under supervision. A new criminal charge will almost certainly trigger an immediate detainer, holding you in custody without bail until both the new charges and the violation are fully resolved.
The Gagnon Hearing Process in Bucks County
If you are accused of a violation, Pennsylvania law entitles you to a two-step hearing process before any final determination is made. These hearings are governed by PA Code, Rule 708 and PA Code, Chapter 71.
Gagnon I (Preliminary Hearing): This hearing typically occurs within 14 days of your detention. Its purpose is to determine whether there is probable cause to believe you violated your probation or parole. If probable cause is found, the hearing officer will decide whether you should remain in custody pending your final hearing or be released on conditions.
Gagnon II (Final Hearing): This is the formal violation hearing, held before the judge who originally sentenced you — commonly referred to as the “back judge.” At this hearing, the prosecution must present evidence that a violation occurred. You have the right to have your attorney present, to cross-examine your probation officer and any other witnesses, and to present your own evidence and testimony. If the judge finds you in violation, they will determine the appropriate penalty.
Defending Against Probation and Parole Violation Charges
A probation or parole violation is not an automatic return to prison. An experienced defense attorney can fight the allegations or work to mitigate the consequences significantly.
Mitigating Circumstances for Technical Violations: We can present evidence of circumstances that explain the alleged violation — such as a documented medical emergency that caused a missed appointment, or proof that a failed drug test was caused by a legally prescribed medication. Judges in Bucks County have broad discretion at the Gagnon II hearing and regularly consider mitigating evidence when determining the outcome.
Challenging the Evidence: We can challenge the accuracy of drug test results, question the credibility of the probation officer’s account, and expose procedural errors made during the violation investigation.
Negotiating Alternatives to Incarceration: In many technical violation cases, we can negotiate with the probation department and the court to impose alternative sanctions — such as increased reporting requirements, enrollment in a rehabilitation program, or community service — rather than sending you back to jail.
Defending the Underlying New Charges: If you are facing a direct violation due to new criminal charges, our first priority is to aggressively defend against those new charges. If the new charges are dismissed or you are found not guilty, the basis for the direct violation is often eliminated entirely.
Frequently Asked Questions
What happens if you violate probation in Bucks County, Pennsylvania?
If you violate probation, your probation officer may issue a warning, require you to appear for a Gagnon hearing, or seek a warrant for your immediate arrest. If a judge determines at the Gagnon II hearing that you violated your probation, they can impose additional conditions, extend your probation period, or revoke your probation entirely and resentence you to jail or state prison up to the maximum penalty for your original offense.
How does a parole violation hearing work in Bucks County?
A parole violation involves a two-step process: a Gagnon I hearing to establish probable cause, followed by a Gagnon II final hearing. During the Gagnon II hearing, the prosecution presents evidence of the violation. You have the right to have an attorney present, to cross-examine witnesses including your parole officer, and to present your own evidence and testimony to fight the allegations or request leniency from the judge.
Can a probation violation result in jail time in Pennsylvania?
Yes. If the judge finds that you violated the terms of your probation, they have the authority to revoke your probation and resentence you to any penalty that was available at the time of your original conviction. This means you could be sent to county jail or state prison for up to the maximum statutory penalty for your original crime — even if it is your first violation.
What should I do if I receive a probation violation notice in Bucks County?
Do not ignore the notice and do not attempt to negotiate directly with your probation officer without an attorney present. Anything you say can and will be used against you at your Gagnon hearing. Immediately contact an experienced criminal defense attorney who can review the allegations, advise you on your rights, and represent you at both the Gagnon I and Gagnon II hearings.
What are common mistakes to avoid when facing a parole violation in Bucks County?
The most common mistake is speaking to your probation or parole officer without an attorney present in an attempt to explain yourself. Another serious mistake is missing your Gagnon hearing, which can result in an immediate bench warrant. Additionally, many people make the error of assuming a technical violation is minor and will resolve itself — even a missed check-in can result in immediate incarceration in Bucks County.
