When a defendant is placed on probation, they are required to abide by specific conditions and orders for the duration of his or her term. In the event that these standards are not met, the law refers to this mishap as a violation of probation. Probation violations generally fall into two categories: direct and technical.
Technical violations occur when a defendant does not comply with the probationary conditions that have been imposed by the court. This type of violation may occur if a defendant mistakenly misses a meeting with their probation officer, or does not make the time to complete community service hours. Direct violations, on the other hand, are much more serious matters.
Direct Violations in Bucks County
Each defendant's probation term and conditions are typically based on the nature of the crime committed. Therefore, some individuals may be subjected to more restrictive conditions than others. But despite the circumstances of a defendant's case, there is one condition that every individual must comply with: staying out of trouble with the law.
Defendants who have defied a court order, or has been accused of breaking a broken county, state or federal laws while on probation will be facing a direct violation of probation. In some states, a defendant must be found guilty of new charges while on probation to solidify a direct violation of probation, however, in Pennsylvania this is not the case. Merely acquiring fresh charges while on probation is enough for a judge to revoke a defendant's probation and re-sentence him or her for an original crime. Except for this time around, there will not be a presumption of innocence, nor will there be a jury trial.
Detainers and Direct Probation Violations
Upon the receipt of an alleged direct violation, a probation officer may issue a detainer against you. A detainer forbids defendants from posting bail and being released from jail after an arrest until the new charges have been resolved. Defendants who have been forced to proceed with a detainer intact have reported having spent weeks, and even months in police custody while their charges are sorted out.
Defendants have found out the hard way that defending a case with a lodged detainer is difficult. The only way to lift a detainer is through the assistance of an attorney. This legal professional will file a motion on your behalf that provides good reasons as to why you deserve to fight these new charges outside of a jail cell.
Bucks County Criminal Defense Attorney
Allegations involving a direct violation of probation are serious matters that can compromise your freedom. This is why it's important that you immediately contact an attorney that is dedicated to protecting your rights and effectively defending your case. Skilled Bucks County legal professional Joseph D. Lento has extensive experience successfully representing clients in Doylestown who have been in your shoes, and he can do the same for you. Contact him today for help.