Can probation be revoked in Pennsylvania? VIDEO

Probation can be revoked in Pennsylvania. If a person is accused of violating their probation, be it because of, say, a new arrest or failing to report, absconding, a positive drug screen, whatever the case may be, the probation department would generally seek revocation proceedings, and they often would do so while trying to keep the person on probation in custody by taking them into custody and lodging a detainer against them to keep them in custody.

A Gagnon 1 hearing will be scheduled where the Commonwealth of Pennsylvania simply needs to establish probable cause that there was a probation violation, it's a low burden of proof for them to do so. Thereafter, there would be a Gagnon 2 hearing which is the violation of probation hearing. The unfortunate reality is that Gagnon 2 can take weeks if not months, at times, especially depending on the county to be scheduled and from a person who is in custody or on detainer all that while, obviously, is going to be an incredible burden.

Then at a Gagnon 2 hearing, a violation of probation hearing, the court can make the determination that the person was in violation of their probation, and in doing so can revoke probation, so yes, probation can be revoked.

Being accused of violating probation is incredibly serious. The consequences can be severe, including going to jail or prison. Having an experienced Pennsylvania criminal defense attorney will help you best understand and protect your rights and defend against a VOP or a violation of probation.

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Attorney Joseph D. Lento has more than a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

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