Pennsylvania Probation and Parole Violation Defense

No one wants to go to jail. Unfortunately, if a Judge finds that a person has violated their probation or parole, that is exactly where they go. If you or someone you love faces jail time, you need a zealous lawyer to defend you. At the Law Offices of V. Erik Petersen, I fight hard to keep my clients out of jail. Contact the Law Offices of V. Erik Petersen for a free consultation with a qualified criminal defense attorney.

What is a Gagnon Hearing?

I get asked this question all the time. The name of the hearing comes from a United States Supreme Court case in 1973 known as Gagnon v. Scarpelli. The United States Supreme Court ruled that an individual has a right to a hearing before his/her probation can be violated. Unfortunately, this doesn’t mean that an individual cannot be detained for allegedly violating probation. It simply means that once the probation department alleges a violation has occurred a hearing must be conducted within a reasonable period of time and if the violation is proven then the individual can be punished for the violation.

Probation Violation Laws

People get accused of violating their probation and parole for many reasons. I handle cases that involve

  • New criminal arrests
  • Failure to pay fines and costs
  • Failure to pay restitution on a theft or property damage case
  • Failure to notify the probation officer of a change of address, employment, or a new arrest
  • Absconding from supervision
  • Failure to attend a meeting with their probation/parole officer
  • Failure to complete court-ordered treatment
  • Testing positive for drug use

Help for a Probation Violation

If you know that you are about to be detained, or if a loved one is already detained, please contact me immediately so I can begin the process of resolving the situation as quickly as possible. I will tenaciously negotiate with the probation department, the District Attorney’s Office and/or the Judge to keep you out of jail, or to release your loved one if they are already there. Negotiating my client’s freedom is the most important thing I can do. If my client does go to jail, he has a right to a speedy violation hearing. Instead of sitting back and waiting for the hearing to take place, I take action. I ensure that the violation hearing gets scheduled as soon as possible so my client does not sit in jail needlessly. If there are any overdue fines or court costs, I encourage my client or their family to pay them if at all possible. If witnesses are needed, I make every effort to subpoena them or make sure they appear at the hearing. The bottom line is that retaining my client’s freedom is my highest priority.

If you or someone you love faces charges of probation violation, contact a Montgomery County, PA criminal defense attorney for a free consultation.