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Probation and parole are designed to give individuals a second chance to remain in their community rather than serving time in a jail or state prison. However, this freedom comes with strict conditions. If a probation or parole officer believes you have violated these terms, the consequences can be immediate and severe. You could be arrested, held in jail on a detainer without bail, and ultimately re-sentenced to serve your maximum original prison term.

The defense attorneys at SKA Law Group understand how terrifying it is to face the prospect of returning to jail. We have successfully represented countless clients in Philadelphia facing technical and direct probation and parole violations. We know how to navigate the complex hearing processes, negotiate with probation officers, and fight to keep you out of prison and back with your family.

Understanding Probation and Parole Violations in Pennsylvania

While probation and parole both involve community supervision, they occur at different stages of the criminal justice system. Probation is a sentence handed down by a judge instead of jail time, while parole is an early conditional release from a state or county prison sentence.

Violations for both are categorized into two main types:

Technical Violations: A technical violation occurs when you break a specific rule or condition of your supervision, but do not commit a new crime. Common technical violations include failing a drug or alcohol test, missing scheduled appointments with your probation/parole officer, failing to pay court-ordered fines or restitution, losing employment without a valid reason, or traveling outside the approved jurisdiction without permission.

Direct Violations (Convicted Violations): A direct violation occurs when you are arrested and convicted of a new criminal offense while under supervision. Direct violations are considered far more serious and almost always result in a detainer being lodged against you, meaning you will be held in custody until both the new charges and the violation hearing are resolved.

The Probation Violation Hearing Process (Gagnon Hearings)

If you are accused of violating your probation in Philadelphia, you are entitled to due process through a two-step hearing procedure, commonly known as Gagnon hearings:

Gagnon I Hearing: This initial, informal hearing typically occurs within 7 to 10 days of your detainment. A trial commissioner or magistrate will review the evidence to determine if there is “probable cause” to believe a violation occurred. If probable cause is found, you will be held for the second hearing. An experienced attorney can sometimes successfully argue to have a detainer lifted at this stage.

Gagnon II Hearing: This is the formal violation hearing held before your original sentencing judge (the “back judge”). The judge must determine two things: first, whether a violation actually occurred, and second, what the penalty should be. The judge has tremendous discretion and can choose to reinstate your probation, extend the probation period, add new restrictive conditions, or revoke your probation entirely and sentence you to jail time up to the maximum allowable for your original charge.

Defending Against Probation and Parole Violations

You have the right to legal representation at your violation hearings, and having an aggressive defense attorney is critical. The attorneys at SKA Law Group employ several strategies to defend against violation allegations:

Filing Motions to Lift Detainers: If you are being held in jail pending a hearing, we can immediately file a motion with your sentencing judge to lift the detainer, allowing you to return home while your case is pending.
Challenging the Evidence: We can dispute the validity of failed drug tests, prove that missed appointments were due to verifiable medical or family emergencies, or show that you made good-faith efforts to pay fines but faced legitimate financial hardship.
Defending the New Charges: If you are facing a direct violation due to a new arrest, the best defense against the violation is to aggressively fight and win the new criminal case. If the new charges are dismissed or you are acquitted, the direct violation is often dismissed as well.

Philadelphia Probation or Parole Violations – FAQs

Q: What happens if you violate probation in Philadelphia?

A: If you are accused of violating probation, your probation officer may issue a warning or issue a warrant for your arrest. If arrested, a detainer may be lodged against you, keeping you in jail without bail until you attend a Gagnon I and Gagnon II hearing. At the final hearing, the judge can reinstate your probation, add new conditions, or revoke your probation and send you to prison.

Q: How does a parole violation hearing work in Pennsylvania?

A: Parole violation proceedings involve a similar multi-step process, including a preliminary hearing to establish probable cause and a subsequent revocation hearing. If the Pennsylvania Parole Board determines you violated your parole—either through a technical violation or a new criminal conviction—they can revoke your parole and recommit you to state prison to serve the remainder of your original sentence.

Q: What are common mistakes people make during probation in Pennsylvania?

A: Common mistakes include failing to update their probation officer about a change in address or employment, missing scheduled check-ins, associating with known criminals, failing to complete court-ordered classes or community service, and failing to pay required court fines and restitution.

Q: Can a lawyer help reduce penalties for parole violations in Pennsylvania?

A: Yes. An experienced criminal defense attorney can present mitigating evidence to the judge or Parole Board. For example, if a violation was due to a relapse, an attorney can argue for mandatory drug treatment or rehabilitation programs as an alternative to incarceration.

Q: How much does a probation violation lawyer cost in Philadelphia?

A: The cost depends on the complexity of the violation, whether it is a technical or direct violation involving new criminal charges, and the amount of time required to resolve the hearings. Because a violation can result in immediate and lengthy incarceration, hiring a skilled private defense attorney is a critical investment to protect your freedom.