In Pennsylvania, probation is assigned to first-time offenses of non-dangerous crimes when they do not possess a previous criminal record of any kind. This could include misdemeanor or felony charges in which no one was harmed due to the criminal action of the convicted. However, if the individual violates the terms of the assigned probation, they are subject to immediate arrest. If you were arrested for this infraction, you should contact a Philly Probation Violation Lawyer immediately.
Terms of Probation
When probation is assigned the judge outlines the terms of this less penalty to the accused to ensure that he or she understands the repercussions of a violation of these terms. Common terms outlined in a probation assignment are for the individual to refrain from using controlled substances or alcohol. The terms also apply to the charge more specifically such as limiting the areas in which he or she can travel if they were harassing another individual.
When You Violate Your Probation
After a probation violation, you are required to attend a hearing in which you will discuss the circumstances of this violation with a judge. You have the right to legal counsel who will advise you through this process. The judge cannot impose sentencing without allowing you a chance to plead your case. However, if the violation was due to failing a drug test in which the court has clear evidence, you can plead guilty to receive a lesser sentence if available.
The judge can modify your sentence based on the circumstances of the violation. However, in most cases, it is probable that the judge will reverse the assignment of probation and impose the original sentence associated with the crime for which you were accused. If the violation was severe, he or she could impose the maximum penalty.
Probation is an alternative assigned to first-time offenders when the judge does not view these individuals as a significant threat to the public. However, this does not always imply that he or she will not acquire a criminal record for the infraction. At any time that the individual violates the terms of their probation, the judge can issue a warrant for their arrest. If you were arrested, you should hire a Philly Probation Violation Lawyer to present you. For details visit our website
