In Pennsylvania, defendants who were assigned probation must follow all provisions or face penalties for a violation. In some cases, probation is assigned instead of a jail or prison sentence. These opportunities are often available when the defendant doesn’t possess a previous criminal record. The following is a review of the circumstances related to this criminal offense with a probation violation lawyer in Lancaster County.
Accumulating New Charges
At any time a defendant accumulates new charges, they are in violation of their probation. Under these circumstances, the court could revoke their probation and apply the full penalty for the current charge as well as the penalties for their original conviction. The severity of the charge could influence the court’s decision.
Failing a Drug or Alcohol Test
All individuals who are placed on probation are required to submit to a drug and alcohol assessment. These assessments are requested at varying intervals to ensure that the individual is following the provisions of their probation. If they fail these assessments, they are in violation of their probation and are subject to an immediate arrest. Their probation officer determines the next step after they fail these assessments.
Failing to Report to a Probation Officer
Individuals on probation are required to report to their probation officer based on a predetermined schedule. Any failure to report to the probation officer could also result in an immediate arrest. However, they can contact their probation officer at any time that they cannot make it to an appointment with a legitimate reason.
What Happens If the Probation Is Revoked?
If the probation is revoked, the state can require the defendant to serve out the full sentence associated with their conviction. Typically, they receive a sentence based on the duration of time that has passed since the conviction.
In Pennsylvania, defendants who violate their probation could face additional penalties for their crime. The nature of the violation defines the type of penalties that are applied. The probate officer will also influence the decision based on progress made by the defendant. Criminal defendants that are facing these charges contact a probation violation lawyer Lancaster County through the Law Office of Melissa R. Montgomery today.
