For those convicted of crimes in Pennsylvania, probation is often part of the requirements a person must face in the aftermath. It is a way for a person to remain out of prison/jail for all or part of their sentence. However, the conditions of probation are often stringent and overwhelming. Probation violations can get a person in trouble. It can lead to incarceration and fines as well as the possibility of new charges.
At SMT Legal, we are ready to help when you need a probation violation attorney. Let us be your advocate. We know the ins-and-outs of the probation process and will work to keep you from a violation.
Probation Is Not Easy
We want to keep in mind that probation is itself a form of punishment, so it is not going to be a cakewalk. However, the terms and conditions of probation are often overwhelming. What we often find is that the difficulty of a person’s probation is due to how involved their probation officer is in their case.
There are numerous ways to violate probation. A Direct Violation means that a person on probation has been charged with committing a new crime. In this case, the defendant will be placed under arrest, face new charges, and may be held in jail without the ability to post bail. With a new criminal violation, this could mean that you have to contend with the violation while also mounting a defense for the new alleged crime.
A Technical Violation happens when a person violates one or more of the conditions of probation. This can include:
- Failing to report to your probation officer
- Failing to appear at required court hearings
- Not paying fines, restitution, or court costs
- Violating curfew if imposed
- Failing a drug test
- Drinking alcohol if prohibited
- Failing to complete required community service hours
- Living or staying at a residence other than ones approved by your probation officer
- Associating with anyone you have been told to not be around (other convicted criminals, witnesses, victims)
- Failing to complete any required programs or classes (rehabilitation, anger management, substance abuse, parenting, sex offender treatment, etc.)
*Please note that not everyone has the same probation terms.
What many officers and judges do not consider are any underlying issues you may have that cause you to violate your probation. This can include drug or alcohol addiction, sex addictions, financial hardships, etc.
What We Can Do Now
We know that you did your best to not violate probation. However, we recognize that there are many factors that law enforcement officials and prosecutors do not take into account when considering violations. At SMT Legal, we want to help you through this.