How Can I Get a Probation Violation Resolved in Philadelphia?

When you are put on probation, you must abide by a number of court-ordered terms for the duration of your probation period, and you must not break the law again. When it is alleged that you have failed to meet these conditions, these mishaps are legally referred to as probation violations. Probation violations generally fall within one of two categories: technical and direct violations.

Technical violations occur when a defendant doesn't comply with the terms of probation. For example, leaving the state without permission, using drugs and alcohol, or failing to complete community service hours. Direct violations occur when a defendant is convicted of a new offense. A violation considered most serious by the court. Regardless of the nature of the violation, being in this situation exposes you to grave consequences.

Upon notification of a potential violation, the courts will order you to attend several hearings. The first one must take place within 10 days of a violation. Typically, this hearing is informal and is held before a magistrate or commissioner instead of a judge. Prior notice of this hearing isn't required, which means that most defendants aren't given the time to seek representation. As a result, defendants with direct violations or egregious technical violations find themselves back in jail due to a detainer - an order that prohibits defendants from posting bail or being released from custody until charges are resolved.

From here on a second hearing will be scheduled within 30 days. During this hearing, the judge is tasked with two objectives. First, they will decide if there was an actual violation of probation by either technical violation or direct violation. If so, then the judge must decide what consequences should be imposed.

At this point, retaining an attorney is a must. An attorney can file a motion to lift a detainer so that you can face a potential violation and/or new criminal charges outside of a jail cell. A legal professional can also contest the validation of the violation, or present a case that suggests that incarceration isn't a viable sentence for you. In doing so, your representation may get family members to appear in court to support you, or present evidence that you were productive and making contributions to society during the probation period. This hearing is also an opportunity for you to respond to your allegations. An attorney can help you prepare an effective statement to present before the judge.

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.

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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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