What to Do When You Are Notified of a Probation Violation in Allegheny County
Probation is often seen as a second chance—an opportunity to avoid incarceration while demonstrating to the court that you can comply with certain conditions. However, if you’ve been notified of a probation violation in Allegheny County, that second chance could be in jeopardy. A violation can lead to serious consequences, including revocation of probation and potential jail time. At Frank Walker Law, we’ve helped countless clients navigate the probation violation process and protect their rights. Here’s what you need to know.
Understanding Probation Violations
A probation violation occurs when you fail to meet the conditions set by the court as part of your probation sentence. Violations generally fall into two categories:
Technical Violations: These involve noncompliance with the specific terms of your probation, such as:
- Missing a scheduled meeting with your probation officer.
- Failing to complete required community service.
- Not attending mandated treatment programs or counseling sessions.
- Violating curfew or travel restrictions.
New Offense Violations: These occur when you are arrested or charged with a new crime while on probation.
The severity of the violation and the potential consequences depend on factors such as the nature of the violation, your criminal history, and the discretion of your probation officer or the court.
What Happens After You’re Notified of a Probation Violation?
When a probation officer believes you’ve violated the terms of your probation, they may issue a notice of violation. This can lead to one of the following outcomes:
Informal Resolution: For minor technical violations, your probation officer may handle the matter informally by issuing a warning or adjusting the terms of your probation.
Violation Hearing: For more serious violations or repeated noncompliance, the probation officer may file a petition with the court to hold a probation violation hearing. At this hearing, a judge will determine whether a violation occurred and decide on the appropriate consequences.
Arrest Warrant: In some cases, particularly for new offense violations, a warrant may be issued for your arrest, and you could be held in custody until your hearing.
Steps to Take When Notified of a Probation Violation
If you’ve been notified of a probation violation, it’s critical to act quickly and strategically. Here’s what you should do:
Remain Calm and Cooperative: Avoid escalating the situation by arguing with your probation officer or resisting arrest if a warrant is issued. Cooperate fully while protecting your rights.
Contact an Experienced Attorney Immediately: A skilled criminal defense attorney can review the details of your case, evaluate the alleged violation, and develop a strategy to minimize the impact on your probation status.
Gather Evidence: If the alleged violation is a misunderstanding or an error, gather any evidence that supports your case. This may include:
- Attendance records for missed meetings.
- Proof of completed community service or program participation.
- Witness statements.
Prepare for the Violation Hearing: Your attorney will help you prepare a strong defense for the probation violation hearing. This may involve:
- Challenging the evidence presented by the probation officer.
- Demonstrating mitigating circumstances, such as unavoidable emergencies or compliance efforts.
- Highlighting your overall progress and good behavior while on probation.
Potential Outcomes of a Violation Hearing
At the hearing, the judge will determine whether you violated your probation and, if so, decide on the appropriate consequences. Possible outcomes include:
- Continuation of Probation: The judge may allow you to continue your probation with no additional penalties or with modified terms.
- Extended Probation: The duration of your probation may be increased.
- Additional Conditions: You may be required to complete additional community service, attend counseling, or comply with stricter supervision.
- Probation Revocation: In severe cases, the judge may revoke your probation and impose the original sentence of incarceration.
How Frank Walker Law Can Help
Facing a probation violation can be intimidating, but you don’t have to face it alone. At Frank Walker Law, we understand the stakes and are committed to protecting your rights and your future. We will:
- Review the circumstances of the alleged violation.
- Advocate on your behalf during discussions with probation officers and prosecutors.
- Build a compelling defense to present at your violation hearing.
- Work to achieve the best possible outcome, whether that means avoiding revocation or minimizing penalties.
Final Thoughts
A probation violation does not have to derail your life. By acting quickly and securing experienced legal representation, you can address the situation effectively and protect your freedom. If you’ve been notified of a probation violation in Allegheny County, contact Frank Walker Law today for a confidential consultation. We’re here to fight for your rights and guide you through this challenging time.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.