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What Can I Do To Prepare For A Probation Violation Hearing?

Posted by Joseph D. Lento | Jan 15, 2019 | 0 Comments

Just because probation is a less severe sentence than incarceration, doesn't mean that it isn't a pain. Between binding conditions, overzealous probation officers, and overall living a life under a magnifying glass, it seems as if you've been set up to fail. And if there's even an inclination from your officer that you've violated probation, things are bound to get even worse. In Philadelphia, probation officers have the discretion to decide when to request a court hearing for a suspected violation. This means, that if your probation officer is more lenient than you'll likely get warnings prior to a hearing request. But stricter officers, however, won't hesitate to request a hearing if there is suspicion.

A hearing is intended to ultimately determine if there was a violation and, if so, what the appropriate punishment should be. If you've been accused of violating your probation, you need to adequately prepare. If it is determined that there was an actual violation, you could be sent to prison for the remainder of your probation period or given a much harsher sentence. In this article, we'll discuss what occurs during this hearing and how you can prepare.

Hearings

When the court is notified of an alleged violation, they will order you to attend several hearings. The initial hearing is scheduled almost immediately after they violation was allegedly committed. This hearing is generally informal and is held before a magistrate or commissioner rather than a judge. Because it's scheduled so soon, many defendants may not retain legal counsel in time. But if you can, you should definitely try to, because counsel can help you avoid being issued a detainer - an order that prohibits defendants from being released from custody until the matter is resolved.

Within 30 days of the initial hearing, another hearing is scheduled. This one will be held before a judge. It is intended to accomplish two goals. First, based on the evidence presented, a judge will decide if a violation actually occurred. If so, then the consequences will be imposed. The worst case scenario is that you'll be sent to prison to finish your sentence, or you'll be re-sentenced. In both cases, you'll likely get additional time.

Why You Need An Attorney

Put simply, too much is at stake for you not to retain legal counsel. As mentioned above, an attorney can lift your detainer, so you can handle your charges outside of a jail cell. A legal professional can also challenge the validity of your alleged violation, and present a case that compels the judge to believe that incarceration is not an effective solution in your circumstance. Bottom line, you need an attorney to maximize your chances of success.

Let Me Help You - Philadelphia Criminal Defense Attorney

For Philadelphia defendants facing potential incarceration for a probation violation, the stakes are extremely high. But it is possible to avoid a finding of a violation or imprisonment with the help of an experienced and skilled attorney. Attorney Joseph D. Lento has helped numerous defendants prevail in violation of probation hearings, as well as motions to lift a detainer. His representation has curtailed the consequences of potential violations and helped defendants avoid incarceration by fighting for alternative recommendations. For more information about how he can help you, contact him today by calling 215-535-5353.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Joseph D. Lento has more than a decade of experience fighting for the futures of his clients in criminal courtrooms in Philadelphia, the Pennsylvania counties, as well as New Jersey. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being.

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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.

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, New Jersey, and New York 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, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, 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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