Probation Lawyer in Philadelphia, Pennsylvania | Miksis Law
Trust a Philadelphia Probation Lawyer to Keep You Free
Stay out of jail with the help of a qualified probation lawyer in Philadelphia with Miksis Law PLLC.
Understanding Probation
Probation is a court-imposed criminal sentence that releases a person back into the community instead of imprisonment. However, that freedom comes with certain stipulations, conditions, and supervision, often enforced by a probation officer. The specifics of probation differ on a case-by-case basis but often include requirements such as regular check-ins with a probation officer, mandatory employment, no further criminal activity, and drug testing.
One thing to remember is that probation is not a right; it is a privilege and should be treated as such. Some take advantage of probation and go right back to the things that got them into trouble in the first place. Judges have the right to put someone in jail who pleads guilty or is found guilty, regardless of their previous criminal history. If the judge decides to put you on probation, they can easily throw you back in jail as soon as your violation is discovered.
Common Types of Probation Violations
Probation violations occur when a person fails to comply with the set conditions of their probation. There are numerous ways a person can violate their probation, but some common examples include:
- Failing drug or alcohol tests
- Missing appointments with a probation officer
- Not paying required fines
- Getting arrested for another offense
The repercussions of such violations can be severe, potentially including revocation of probation and the imposition of the original, and possibly additional, jail sentence.
As soon as it is discovered that you violated the conditions of your probation, an arrest warrant can be issued if your probation officer isn’t there to arrest you. Many people will try to flee and evade capture if they know they have violated their probation. It is highly recommended that you hire a probation attorney to help you navigate the proceedings and try to either stay out of jail or reduce any imposed sentences.
How a Probation Lawyer Can Help
Hiring a probation lawyer in Philadelphia, PA, can significantly improve your chances of a favorable outcome in the face of a probation violation. These legal professionals understand the complexities of the justice system and are skilled at presenting strong defenses. They can challenge the allegations against you, negotiate for lesser penalties, or advocate for alternative solutions such as rehabilitation programs. Their primary objective is to protect your rights, freedom, and future.
Without a probation attorney, you could face steep penalties for a probation violation. You may end up back in jail, prison, or be stuck with even stricter probation conditions should a judge decide to keep you on probation.
Philadelphia Probation Violation Proceedings
If a probation officer believes you’ve violated the terms of your probation in Philadelphia, they will file a Gagnon I Violation Report with the appropriate Philadelphia County Court to initiate probation violation proceedings. You will then receive formal notice of the alleged violation so you have the opportunity to defend yourself.
Failure by the probation officer or the court to provide proper notice of a potential violation can violate your Fifth Amendment rights under the U.S. Constitution as well as the Pennsylvania State Constitution. You also have the right to have a Philadelphia probation lawyer represent you during all stages of the violation proceedings.
From there, one of two things typically happens:
1) You receive a summons to appear in a Philadelphia court on a specific date for an initial violation hearing (commonly referred to as a Gagnon I hearing).
2) The court issues an arrest warrant for the alleged violation.
If an arrest warrant is issued, you may be taken into custody, and bail is often not granted for probation violations. You could remain in custody until the violation hearings are resolved.
At the Gagnon I hearing, the court will explain the allegations and present any evidence or documentation supporting the claim. The judge will then determine if there is probable cause that a violation occurred and, if so, schedule a Gagnon II hearing (the final probation violation hearing).
At this final hearing, the prosecutor must prove that you violated the conditions of your probation. It’s important to note that the standard of proof for a probation violation is much lower than the standard required for a criminal conviction, since you’ve already been convicted of the underlying offense. The state only needs to show that a violation of your probation terms occurred.
Standard of Proof and How a Probation Lawyer Can Help
While the standard of proof for the state is lower in probation violation hearings, there are circumstances that can help show your violation was not intentional. For example, you might have been in a room where narcotics were present but had no possession or involvement. Or you may have missed a required check-in or curfew due to an unavoidable transportation issue or emergency.
A skilled Philadelphia probation attorney can highlight your reasonable efforts to comply with the terms of your probation and present evidence that the violation was not willful. They know what to look for and how to gather the right evidence to support your defense.
