Consequences of Being Arrested While on Probation in Pennsylvania

An arrest that occurs while you are on probation in Pennsylvania can have immediate and serious consequences, affecting both the new criminal case and your existing probationary sentence.

What Happens When One is Arrested While on Probation in Pennsylvania?

When a person on probation is arrested and charged with a new criminal offense, probation authorities often treat the situation as a direct probation violation. In many cases, the probation department or prosecutor may request a detainer. A detainer can prevent release from custody while the new charges are pending, even if bail is set or posted on the new case.

What Happens Upon Conviction of the New Charge?

If the new criminal charge ultimately results in a conviction, the court may impose separate penalties. This can include one sentence for the new offense and an additional sentence for violating the original probation. As a result, an arrest and conviction while on probation can significantly increase overall sentencing exposure.

Consequences of Probation

Probation consequences may also arise before the new criminal case is resolved. Depending on the facts, courts and probation departments have discretion to take action based solely on the arrest or charges. Each case is evaluated individually, with factors such as the seriousness of the new charges, prior criminal history, and compliance with probation terms playing an important role.

If you have been arrested while on probation, it is important to consult with a defense attorney as soon as possible. Attorney Michael Kotik of SKA Law Group can review your circumstances, explain potential outcomes, and work to develop a strategy aimed at protecting your rights and minimizing additional penalties.

FAQ: Arrest While on Probation in Pennsylvania

1) What happens after an arrest if I’m on probation in Pennsylvania?
An arrest can trigger probation violation proceedings, which may result in additional court hearings and possible detention while the new case is pending.

2) Can I be held in custody even if bail is granted on the new charge?
Yes. A detainer may be issued by probation or the prosecutor, which can prevent release even if bail is posted.

3) Does a probation violation require a conviction on the new charge?
Not always. In some situations, probation consequences may occur before the new criminal case is resolved, depending on the facts and court discretion.

4) What penalties can result from a conviction while on probation?
A conviction may lead to a sentence for the new offense and a separate sentence for violating probation, increasing overall penalties.

5) Are probation violation outcomes the same in every case?
No. Outcomes vary based on factors such as the nature of the new charges, prior record, and compliance with probation conditions.

6) Why should I speak to a lawyer if I’m arrested while on probation?
A defense attorney can evaluate your exposure, address potential violations, and help protect your rights in both the new case and the probation matter.