Probation is assigned when a defendant pleads guilty to non-violent criminal infractions. These charges are typically a first-offense and did not display intent or malice. However, the state is taking a chance on these offenders, by assigning them a lesser penalty. Probation while it imposes strict stipulations, it does allow the offender to return to their normal daily life. A violation strips them of this freedom and the chance to prove that they do not deserve harsher punishment.
What is a Probation Violation?
A probation violation implies that the defendant failed to comply with their court-ordered probation, and the stipulations imposed. It is probable that the court will impose the full penalty of the original crime when a violation occurs. Common stipulations of probation are that the defendant is prohibited from consuming alcohol, using drugs unless prescribed by a doctor, and to refrain from breaking any other Pennsylvania laws.
Further stipulations prohibit the offender from moving, changing employers, or leaving the state. Any evidence of a violation of these terms results in an arrest. After a violation, the offender should contact a Philly Probation Violation Lawyer.
How Probation Works?
When a defendant is placed on probation, they are assigned a probation officer. This officer meets with him or her at least once a month. During this meeting, he or she pays fines or a portion of the fines assigned by the court. The probation officer inquires about the defendant’s progress in acquiring and maintaining employment. If the offender violates these terms involuntarily by becoming laid off during downsizing, he or she should contact a Philadelphia Criminal Lawyer.
A random drug test is often conducted to enforce the stipulations of probation. At any time that he or she is arrested on a new charge, the probation officer is required to file a report with the court. The punishment is usually decided by the probation officer based on the violation. However, if the defendant committed a severe infraction, it is possible that a judge will render sentencing. He or she is taken into custody, if they were not already detained. The defendant will need to hire a Philly Probation Violation Lawyer to represent them. Follow us on Twitter!