Chester County Direct Probation Violation

Probation is perceived as a privilege and saving grace for defendants in the eyes of the criminal justice system. Most defendants are grateful to still be a functioning member of society, even though this freedom has limitations. But despite the sentence being an alternative to jail, costly fines, and in some circumstances, prison, it can still be a pretty harsh sentence.

For some people, being placed on probation doesn't affect their daily lives. But for others (particularly those who with stricter conditions to adhere to), probation can be a large inconvenience. Many defendants report that the stipulations they've been ordered by the court are incredibly difficult, if not impossible to fulfill due to the personal or financial hardship they are undergoing. And before they know it, they are stuck in the same situation they were in before they were placed on probation.

Individuals who are impacted by the the sometimes unreasonably restrictive nature of probation should be aware of what's at stake when they fail to comply with their conditions, and commit a “direct violation” of probation.

Direct Violations in Chester County

Generally, most probation terms and conditions are highly individualized. But there is one guidelines that every defendant is expected to comply with despite the circumstances: no more run-ins with law enforcement.

Some states have taken a more lenient approach to enforcement in response to direct violations of probation. In these areas, a defendant who acquires new charges and is found guilty of a crime has officially committed a direct violation. But in states like Pennsylvania, the rules are different. Merely being arrested for a crime and acquiring new charges in the state is enough to constitute a direct violation. Even if a defendant is not convicted of these charges, the state's system allows judges to revoke his or her's probation term, reinstate the original case and re-sentence a defendant. Since revocation hearings require a lower standard of proof than actual trials, sentencing oftentimes results in the maximum term for the original offense.

Detainers and Direct Probation Violations

Once a probation officer receives word of an alleged direct violation of probation, he or she may see it fit to issue a detainer against you. A detainer prohibits defendants from posting bail and being released from jail after an arrest until the new charges have been resolved. Defendants who have been issued detainers have reported spending weeks, and even months behind bars while their charges are mitigated.

But for defendants who wish to be active in this process and defend themselves, being in police custody is their worst nightmare. The only way to get out is to lift a detainer, which can only be done through the assistance of an attorney. A skilled defense attorney who has the authority to submit a motion on your behalf that details why you should be able to challenge these charges outside of police custody.

Chester County Criminal Defense Attorney

Direct violations should be taken seriously, as they often lead to the revocation of a probation term. If you have been accused of a direct violation, it is important you immediately contact an attorney. Skilled Chester County legal professional Joseph D. Lento has extensive experience successfully representing defendants who have been in your shoes in West Chester, and he can do the same for you. Contact him today for help.

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Attorney Joseph D. Lento has nearly 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.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania and New Jersey attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, Outside of Pennsylvania and New Jersey, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance is educational advice, and does not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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