Philadelphia Direct Probation Violation

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.

Contact Us Today!

Footer 2

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.

Menu