When an individual is placed on probation, they are expected to abide by specific conditions and orders. If these standards are not met, this misconduct is referred to as a probation violation. Probation violations generally fall into two categories: technical and direct. Technical violations occur when a person does not comply with the probationary terms that have been imposed by the court. Direct violations, however, are much more serious. When a person is in violation of a court order, or has broken county, state or federal laws while on probation, they may be facing a direct violation.
An example of a direct violation would be if a defendant is on probation for a drug possession charge, and they are arrested once again for a drug related case. When a direct violation is reported, a probation judge will be informed, and a penalty will likely be imposed under his or her discretion. Unfortunately, a person who has allegedly committed a direct violation of probation may be put right back into the situation they were in before they evaded jail time. But this time, there will be no presumption of innocence or a jury trial.
Detainers and Direct Probation Violations
In the midst of the new charges, individuals who have directly violated their probation terms may be issued a detainer. A detainer essentially forbids people from posting bail and being released from jail after an arrest until the charges are resolved. This means that people left in custody may spend weeks and even months behind bars while their charges are being sorted out.
Lifting a detainer can generally only be done through the assistance of an attorney. A skilled legal professional can file a motion on an individual's behalf. This motion will likely include their probationary history, details about the new allegations and why a person should be able to fight their new charges outside of police custody. A defense attorney will also be able to find fault and weaknesses in the evidence provided in the new allegations to prove that they aren't solid.
Philadelphia Criminal Defense Attorney
If you have been accused of violating probation, it is important that you immediately consult with an attorney. Knowledgeable legal professional Joseph D. Lento has successfully represented clients who have been in your shoes before. Contact him today for help.