When charged with a crime, you may receive a probationary sentence or be released from prison on parole. This gives you the freedom to serve your time while being able to be home instead of behind bars. However, in order to stay on probation or parole, you must abide by the regulations set forth by the court. Failure to do so can end you back behind bars and sometimes, with harsher penalties. If you are facing parole or probation violations in Pennsylvania, Attorney Craig Kalinoski explains your options.
What happens after a parole or probation violation?
Common parole and probation violations include the failure to
- Get a job;
- Make an office visit;
- Go to school;
- Make curfew; and
- Pass drug tests
When your parole or probation violation is one that is technical in nature and not another criminal offense, you may wonder what leniency occurs. Typically this will depend on the type of parole or probation sentence you are serving: county probation, state probation, or parole.
For example, if you are arrested while serving a county probationary sentence, the probation department will issue a detainer and ask you to be held in custody until a hearing on your probation violation can occur. From there, the judge will then determine if you have violated parole. If you have, you may get a harsher penalty or the judge may also decide to revoke your probation which means the court can impose a different sentence, suspend a sentence, or continue your probation. Typically, the sentence maximum will be the harshest sentence you could have received for the initial crime.
Remember, you can be placed back on county parole even if you’ve violated it in the past.
There are some differences though between county parole violations and state parole violations in Pennsylvania.
If your state parole is revoked, in most cases you will be sent to serve time at the state correctional institute. The time you already served will be used to calculate the new sentence. If you are recommitted to prison, you will be eligible for parole again but the court will have to establish a new eligibility date based on your prior sentence time served.
Probation and Parole Violations in Pennsylvania
If this is your first parole and probation violation, you likely will not receive the harshest penalty–unless you have committed a new, severe offense. However, if your violation was a technical offense, you likely will be up for parole again.
But making sure you are not taken advantage of and given a harsher sentence than is appropriate can be hard, especially if you do not have a legal team behind you.
Parole Violation Representation: Kalinoski Law Offices
As your advocate, Craig Kalinoski will use his knowledge of the community, extensive knowledge of the law, tenacious negotiation skills, and commitment to thorough trial preparation in your probation and parole violation hearing. Our goal is to achieve the best possible situation so you can put your legal concerns behind you and get on with your life.
Work with a firm that is committed to protecting you and your future. Call (570) 207-4000 or use our contact form today to schedule an appointment and discuss your case during a free consultation.