Pennsylvania Probation & Parole Violation Defense

While TV shows and media show what happens when someone is sentenced to go to prison, there isn’t as much public awareness of what happens when a person is serving their sentence in the community. In Pennsylvania, the two types of community supervision programs are probation and parole. If you are dealing with an allegation that you violated your probation or parole, it’s important to have a lawyer with relevant experience by your side.

A lawyer who understands the difference between probation and parole violations in Pennsylvania

While probation and parole both involve a person being monitored by a probation or parole officer in the community, the two types of supervision are different. When a person is on parole, that means that they are still serving a sentence of incarceration but are getting credit towards that sentence without actually being in prison. For probation, a person is subject to extra supervision but is considered to be free. If a person is on a parole sentence, they can only be sentenced to serve the rest of the incarceration. If a person is on probation, they can be given a new sentence of incarceration.

The Violation Process (What to Expect)

The way that the violation process will go depends on whether the person is on probation or parole and whether they’ve been convicted of a new crime or “only” violated the conditions of their parole or probation. This type of violation is called a technical violation and it can include things like failing to report, getting a positive drug test result, not finishing treatment or classes, or being convicted of a summary offense.

When a probation or parole officer believes that a person they’re supervising has violated their parole or probation, they start the violation process by filing a report with the sentencing court. At that point, either a detainer can be issued or the person can just be given the opportunity to go in for a Gagnon I hearing. At the Gagnon I hearing, the probation office has to show that there’s probable cause to believe that the person violated the conditions of their supervision. If the hearing officer decides that there is probable cause to believe that the person violated their supervision, then the case proceeds to a Gagnon II hearing. At the Gagnon II hearing, the court decides if the probation office gave enough evidence to show that the person violated their supervision. If the court believes that there was a violation, then they can sentence the defendant to stay on probation, they can put them in prison, or they can choose to take no further action.

Violation Defense and Mitigation

At the Gag II hearing, the person on probation has the opportunity to test the evidence against them and present their own evidence. Even in cases where there’s a clear violation, a skilled and experienced probation and parole violation lawyer will know how to argue for a less severe consequence.

Requesting Early Termination of Probation

Although parole sentences can’t be ended early in Pennsylvania, probation sentences can. A defendant always has the right to file a motion with the court asking that their probation sentence be terminated. Under Act 44 of 2023, there’s now an automatic process that makes it mandatory for a court to review probation sentences after a certain period of time and, under specific circumstances, end the probation sentence early.

Why Choose Bickerton Legal Services?

Attorney Lea Bickerton has extensive experience representing people who have been accused of probation and parole violations. She keeps current with developments in the law and has worked as a consultant to other attorneys in probation sentencing cases.

Frequently Asked Questions about Probation and Parole in Pennsylvania

Is it possible to end probation early?

Yes. You can file a motion to terminate probation. If you were sentenced after June 11, 2024, then you will be automatically considered for early termination after a probation review conference.

Do I need a lawyer for early termination of probation?

No. You can file a motion to terminate your probation on your own. You may end up with a better result if you hire an attorney that has experience handling probation violation cases.

Is it better to have a private attorney or a public defender for a probation violation?

As a general rule of thumb, you are usually better off with the attorney that represented you during the original sentencing if they have experience handling Gagnon I and Gagnon II hearings. In most counties, public defenders have more training and experience dealing with probation and parole violations.

What is the average cost of hiring a lawyer to help terminate probation early?

It’s difficult to estimate the average cost of having an attorney handle an early probation termination. The cost depends on the attorney’s experience and the complexity of the case. The important thing is to find out whether the attorney feels that you have a good chance of success in the motion before hiring them to start the early probation termination process.

Which law firms specialize in probation termination services near Pittsburgh?

 The better question is how to pick the best attorney to have your probation terminated early. What you would be looking for is a firm that has experience with handling cases after sentencing and has a solid understanding on what it takes to successfully terminate probation early.