Probation violations can lead to serious consequences in Pennsylvania. Depending on the terms of your probation, the severity of your violation, and if you have previous violations, you could face consequences that range from a warning to revocation of your probation.
If you face allegations of a violation, a violation of probation lawyer in Montgomery County can help. Attorney David C. McKenzie III from the McKenzie Law Firm, P.C., can ensure your rights remain protected and fight for the best outcome possible based on the facts of your case. We offer free legal consultations on all criminal defense cases. Call us today at 610-680-7842 to get started.
Let Us Handle Your Pennsylvania Probation Violation
When we represent our clients in a probation violation hearing, we have one of two goals:
- To provide evidence our clients did not violate their probation; or
- To mitigate the damage a probation violation can do and minimize the penalty.
We need to present you in the best possible light to the court during your hearing. This may require collecting documentation and presenting evidence to show you are thriving while on probation. We might demonstrate you completed court-ordered counseling, you are working or enrolled in school, you engage with the community in a positive manner, and you are taking other steps to improve your life.
In addition, we can identify and present any available evidence to fight the allegation that you violated the terms of your probation. Probation officers and police are not infallible, and we may be able to prove them wrong about your alleged violation.
Understanding Your Rights When Facing Probation Violation Charges
One of the most important roles of a violation of probation lawyer is to protect your rights throughout the process. Regardless of the charges against you, you deserve the best chance at a fair outcome in your case. Your rights include:
- The right to a written notice of your alleged violations;
- The right to a hearing in front of a neutral judge;
- The right to have an attorney represent you; and
- The right to present evidence to refute the allegations against you.
Possible Consequences of a Montgomery County Probation Violation
If you violated your probation in Montgomery County and your probation officer took action, you will likely face a hearing in front of a judge to determine any penalties you might face. If the judge considers you in violation of your probation—because you committed a technical violation or a new crime—they have the option to revoke your probation.
While this is the most serious outcome of a probation violation, it is not the most common. The judge has a number of other options they can pursue. We can fight for the penalty that offers the least interference with your normal routine of work or school.
To determine your sentence, the judge will consider:
- The seriousness of your new crime or the nature of your technical violation;
- Your existing criminal record;
- Recommendations from your probation officer;
- The case we present supporting a certain penalty; and
- Whether this is a first-time probation violation or you have a record of previous violations.
Based on these factors, the judge can decide to:
- Revoke your probation and send you to jail;
- Modify your probation, changing or adding terms and conditions;
- Require you to attend court-ordered alcohol or drug counseling;
- Order you to complete community service; or
- Extend your probation.
The Role of a Violation of Probation Lawyer in Your Case
Many people do not realize that probation represents an agreement between you and the courts of Montgomery County. If the court grants you probation, it is trusting you to follow the strict terms and conditions as a trade-off for avoiding incarceration. When you violate your probation, the judge has the option of dissolving this agreement and forcing you to go to jail.
We fight for all of our clients and we will do everything we can to prevent you from having your probation revoked. However, if you violate your probation by committing a serious crime or have multiple technical violations, the court may opt to send you to jail instead of allowing you to remain free.
If you committed the violation and have a history of serious crimes or repeated violations, we may be able to request the courts offer an alternative to jail time. While this is not always successful, we can often present a strong enough case to show that incarceration would hurt your chances at rehabilitation. For example, if you repeatedly failed drug tests while on probation, we can ask the court to order outpatient drug counseling so you can continue to attend school. If you receive a jail sentence, we can argue you would have to quit school and might not ever finish your degree program.
Probation Violation Cases We Handle
We can handle any type of probation violation case. However, some of the most common we see stem from:
- Failure to report to a probation officer;
- Failure to appear in court;
- Failed alcohol or drug tests;
- Failure to meet terms of probation, such as paying fines or doing community service;
- Possession of illegal drugs;
- Possession of weapons disallowed while on probation;
- Possession of other banned contraband;
- Arrest for drug- or alcohol-related crimes;
- Arrest for relatively minor criminal offenses;
- Failure to complete court-mandated rehabilitation or counseling; and
- Violation of other conditions of your probation.
If your probation violation includes the alleged commission of a new crime, you could face serious consequences. This is true even if your previous charge and the new charge are not related. We can defend you against the new charges, while also representing you during your probation violation hearing.
Call the McKenzie Law Firm, P.C., Today
If you face accusations of a probation violation in Montgomery County, the McKenzie Law Firm, P.C., can help you minimize the effect these accusations have on your life. We will fight for the best available outcome in your case, representing you and your best interests in your violation hearing.
Call attorney David C. McKenzie III today at 610-680-7842 to get started.
