If you are facing probation violation charges in Montgomeryville, PA, a judge could revoke your probation or parole and order you to serve out the maximum sentence for your conviction. Your freedom, your mobility, your job, and your family could be at stake. A violation of probation lawyer in Montgomeryville from McKenzie Law Firm, P.C. can fight for your rights and help you beat or reduce the charge.
At the McKenzie Law Firm, P.C., we help people put criminal charges behind them, so they can get their lives back. One of our primary areas of focus is on probation and parole violations. We understand that people make honest mistakes. We also know that many innocent people accidentally get caught up in the legal system. Our team can help in either scenario.
For a free case evaluation, call our office today at 610-680-7842.
The Difference Between Probation and Parole Violations in Pennsylvania
The McKenzie Law Firm, P.C. team helps clients charged with both probation and parole violations. Although the Pennsylvania courts treat these two charges similarly, they are not the same thing.
Judges grant probation as an alternative to jail time, usually when the crime is relatively minor, or the defendant is a first-time offender.
Judges grant parole to convicted criminals who have served a portion of their jail time. A judge may grant parole because of good behavior, lack of jail space, or a combination of factors.
The common thread of probation and parole is that if the judge grants you either one, you must adhere to strict requirements. Failure to do so can result in a violation of probation/parole charge and a return to custody.
What Happens if the Court Convicts You of a Probation Violation
If you have been charged with a probation violation, a host of potential consequences could await you if you are unable to beat the charge. The severity of these consequences depends on several factors. Primary among them is whether the violation was direct or technical.
Direct Violation of Probation
A direct probation violation means you committed a new crime while on probation or parole for an earlier offense. As an example, imagine that a person facing DUI charges agreed to plead guilty in court in exchange for a reduced sentence of two years of probation and no jail time.
While on probation, the person is arrested for theft. Not only do they have to face the theft charge, but they also face an additional charge of violating their probation for the DUI.
Direct probation violations tend to carry the most severe penalties of all. In these situations, the judge often orders the suspect held in jail at least until their preliminary hearing. If this happens, an attorney at McKenzie Law Firm, P.C. can immediately file a petition to have you released to await your hearing.
Technical Violation of Probation
A technical violation of probation means you somehow violated the terms or stipulations of your probation.
Here are some common examples of technical probation violations:
- Not checking in with your probation officer on schedule
- Failing to show for a court hearing
- Violating your curfew
- Not completing your required community service
- Not paying fines or fees associated with your probation
- Failing a drug test
- Not attending or completing mandated rehabilitation, therapy, or AA/NA meetings
- Violating an order not to leave the county or state without notifying your probation officer
- Associating with individuals with whom you cannot have contact
Many technical probation violations are relatively minor and can result from a misunderstanding or an honest mistake. For instance, what if you violated your curfew because you were helping a friend or family member with an emergency? What if you accidentally dialed an old contact’s number on your cell phone and your probation officer happened to see it in your phone records?
While such scenarios sound innocuous, they can result in significant legal trouble if you do not resolve them. Call the McKenzie Law Firm, P.C. to schedule a free case evaluation right away.
How a Montgomeryville Violation of Probation Attorney Can Help
Whether you or your loved one has been charged with a direct or technical violation of probation, a judge could revoke probation and put you or your loved one in jail. For a direct violation, the state could hold you or your loved one in custody while you await your preliminary hearing.
A probation violation attorney in Montgomeryville from the McKenzie Law Firm, P.C. will start working for you or your loved one right away. If your loved one is currently in jail, we will work to get them out by filing a petition for release. We will also pour extensive resources into preparing for the hearing itself, as this is where the prosecution must prove you or your loved one violated probation.
The Probation Revocation Hearing
If your preliminary hearing results in a determination that probable cause exists that you violated your probation, you will receive a date to attend a probation revocation hearing. As the name indicates, this hearing will determine whether the judge revokes your probation.
We help you prepare for this hearing and make a compelling case that you should not return to jail. The case we build depends on your specific circumstances. For instance, if your probation violation involves a failed drug or alcohol test, we will make a powerful appeal to have you ordered to an inpatient or outpatient addiction treatment facility rather than jail.
Call 610-680-7842 Today to Schedule a Free Case Evaluation at the McKenzie Law Firm, P.C.
The McKenzie Law Firm, P.C. team serves Montgomeryville residents facing probation violation charges. Our goal is to put this charge behind you and help you move on with your life. We offer a free initial case evaluation. To schedule an appointment, call 610-680-7842 today.