What Should You do if You’re Accused of Violating Your Probation?
A violation of your probation can lead to a new sentence, sometimes a harsher sentence than originally imposed. If you are facing a probation violation, you need an experienced defense lawyer in your corner. Schatz and Stancu, a criminal defense law firm serving the people of Bucks County and surrounding Pennsylvania municipalities, requests interested parties read this article discussing actions one can take should they find themselves accused of a probation violation. Right to a Hearing
If you are alleged to have violated your probation, you have a right to a hearing, often called a Gagnon hearing. At this hearing, you can challenge whether the Court should find you in violation in the first place. If found in violation, you then have a right to present mitigating evidence to the Court in arguing for a lenient sentence.
Potential Penalties A Judge typically has wide discretion when sentencing someone for a violation of probation. Penalties for Pennsylvania probation violations vary depending on several factors, such as the original offense the individual was sentenced for, whether this is their first or subsequent probation violation and the nature of the violation. After finding a violation of probation, a Judge may sentence the individual to a new sentence. That new sentence can be any legally permissible sentence for the original conviction. Of course, people accused of their second and subsequent violations are facing harsher sentences. However, even someone accused of their first probation violation could be facing a period of incarceration. Actions Probation Violators Can Take Anyone facing a violation of probation hearing should contact a qualified and experience criminal defense lawyer right away. That lawyer should be experienced representing people in these types of hearings and in the county where the violation occurred. Retaining competent counsel at the outset will ensure the attorney will have sufficient time to review the case and the issues involved. You will then have adequate time to consult with your counsel about the best approach toward defending the violation. Contact Us At Schatz and Stancu, we encourage those facing probation violations to consult with us right away. Our team of experienced criminal defense attorneys in Bucks County, PA can evaluate the facts and circumstances of the case, determine the best defense strategy, and put that plan into action to help clients avoid potentially severe penalties. Let us put our experience to work for you.