Alternative sentencing options, such as probation, provide individuals with the opportunity to serve their time outside of prison. Although you will have to adhere to strict terms and conditions set by the court, it is a privilege only granted to a few offenders. The Commonwealth of Pennsylvania takes probation violations seriously, with a wide range of penalties being imposed as the court deems fit.
Regardless of the type of probation violation, the probation defense lawyers at Mette Law in Harrisburg, PA, are available to represent your interests. Our criminal defense team understands how overwhelming these charges can be. We can assess these charges and help devise a strategy to challenge the violation.
Supervised versus Unsupervised Probation
Pennsylvania offers both supervised and unsupervised probation. During supervised probation, you will meet with a probation officer periodically to ensure that you comply with the terms and conditions set out by the court and your probation officer. Supervised probation is typically reserved for more serious offenses. Common conditions include submitting to routine drug testing, performing community service, and maintaining steady employment, among others.
During unsupervised probation, you will not be assigned a probation officer; instead, you will be responsible for adhering to the conditions on your own. Unsupervised probation operates more like an honor system, typically granted for minor offenses and individuals with no prior criminal record. Even though you can act independently, it is still crucial that you adhere strictly to the terms of your probation.
Probation Violations in Harrisburg, PA
Common probation violations that you should avoid include:
- Missing meetings with your probation officer: Individuals must comply with all terms and conditions of their probation, including reporting to their assigned probation officer. You must allow your officer to visit you at either your home or workplace. Failure to keep these appointments is a serious violation of your probation.
- Failing drug or alcohol testing: The terms of your probation may require you to submit to random drug and alcohol testing. Failing drug testing can result in severe penalties.
- Possessing a controlled substance: Individuals sentenced to probation are not allowed to use or possess a controlled substance unless prescribed by a physician or other healthcare professional.
- Failing to maintain employment: The conditions of your probation may require you to maintain employment or demonstrate that you are seeking employment.
- Failing to participate in required educational programs: The court may assess your need to undergo educational programs for rehabilitative purposes. Failure to attend mandatory programs can result in severe penalties.
- Failing to pay restitution, fines, or other court fees: Any fines, fees, or restitution must be paid by their due date. Non-payment may result in a revocation of your probation.
- Committing a criminal offense or associating with criminals: Committing a criminal offense or associating with anyone who has a criminal history is prohibited while on probation.
- Possessing a firearm, ammunition, or prohibited offensive weapons: Individuals are prohibited from having guns, rifles, or other firearms while on active probation.
- Traveling outside of Pennsylvania: You must get the written consent of your probation officer to travel out of state. International travel requires obtaining permission from the court.
Advocacy When Facing a Probation Violation
If you are found in violation of your probation, your probation may be revoked, and a new period of supervised probation may begin. This can be utterly discouraging, especially if your sentence was almost completed. Alternatively, if your probation is revoked, you may be sentenced to prison. For minor violations, tighter restrictions may be imposed. The severity of your punishment will depend on the seriousness of the offense and your history of compliance. Claiming that you did not understand the terms of your probation is not a defense.
A probation defense lawyer will evaluate your case and gather the necessary evidence to fight a probation violation charge. Unlike being charged for a first offense, the court takes a stricter approach to probation violations. For one, you may be detained until your violation hearing, with the court denying bail to individuals for serious offenses.
Having someone who can advocate for alternatives to revocation is key to a successful outcome. Even if you committed a violation, demonstrating how you are now in compliance can help show your remorse. Our team of skilled negotiators provides you with the best opportunity for a successful outcome.
Contact Our Harrisburg Probation Defense Lawyers Today
A probation violation carries severe penalties, making it crucial to hire experienced and aggressive representation. If you are facing allegations of a probation violation, our Harrisburg probation defense attorneys at Mette Law are eager to assist you. With over five decades of serving our community, our legal team is well-equipped to leverage its knowledge on your behalf. Contact us online or call (717) 232-5000.