Common Sentencing Alternatives
Are you a defendant in a criminal case that constantly makes you fear the verdicts you will suffer in the end? It’s a must for anyone facing a court case to understand the decision of the court related to the verdict. It’s also crucial to have an attorney with in-depth knowledge of the impact of the alternative sentencing method on the verdict, either indirectly or directly. In this article, we’re going to view the typical sentencing strategies at the trials and their effect on your life.
Importance of Hiring a Skilled Criminal Attorney
Before getting into the fine intricacies of the various possible sentencing terms, let us be clear about the need for bringing in a competent criminal attorney to fight the battle for you. The role of an experienced lawyer is to provide legal advice that is suitable for your problem, and to negotiate with prosecutors and eventually intend to give an outcome in favor of you in your case.
Probation constitutes a key alternative to incarceration, as the defender is released into their community under the supervision of the court and the terms set by the court. These conditions can be the result of having regular meetings with a probation counselor and attending counseling sessions, rehabilitation, and behavior control centers and programs.
Rather than the usual option of serving time in jail or prison, a judge may instead order the defendant to do a certain number of hours of community service. It also gives a chance for a person to exhibit a healthy pattern of thought by giving back to society, and, at the same time, he/she isn’t allowed to stray from court-appointed instructions or guidelines.
On some occasions, the judge may grant the defendant to serve the sentence at home, under electronic monitoring. In this case, the individual can do their activities in a mostly normal way and still be restricted to their residence at specific hours. If the crime was a victim who suffered financial losses, the court can instruct the perpetrator to make restitution payments. In such a way, the victim can receive compensation for the existing damage, which is usually put in place during sentencing.
Drug and alcohol treatment programs can also be included in the sentencing process as an alternative to a prison sentence. For example, in drug abuse cases, judges may order defendants to go through treatment as part of the sentence. This focuses on the person’s needs and the reasons behind the behavior, as well as on offering the necessary help in conquering the addiction.
Besides imposing normal sentencing, a judge may, additionally, offer deferred adjudication, and the defendant will simultaneously be required to comply with conditions stipulated by the court, as well as to have the trial suspended upon successfully completing the program. This may constitute a new opportunity for some people in terms of not being permanently restricted.
If you’re faced with a DUI charge in Pennsylvania, it’s imperative that you look for the assistance of established PA DUI lawyers. If you’re lucky enough to hire a professional lawyer, they’ll give you legal representation, negotiate with prosecutors, and sort the matter out in such a way that it doesn’t affect your future too adversely.
Learn More Today
Knowing the types of sentencing alternatives that might be applied to criminal cases is critical if someone is facing legal issues. Through hiring a competent defense lawyer and examining feasible alternative sentencing options, individuals strive for what would be a favorable outcome for their case. Bear in mind that every case is individual and, therefore, it’s important to find advice that would suit your exact situation.
If you would like to find out more information or details about criminal defense options, please reach out to the best criminal attorney in Philadelphia, or a PA DUI attorney. Our team at Brennan Law Offices are standing by to assist you.
Read More
White-Collar Crimes: Fraud, Embezzlement, & More
White-collar crimes get their classification from the fact they’re non-violent and financial in nature, and typically committed by professionals in a variety of fields. Banks, healthcare organizations, and even governments are vulnerable to white-collar crimes that result in the loss of money through fraud, money laundering, and overall corruption. There are a number of reasons why someone would involve themselves in this type of activity, but the motivating factor is almost always money.
If you’ve found yourself engaging in this type of crime, you’re going to need the top white-collar crime attorney in Philadelphia to help you defend yourself and improve your chances of a good outcome. In the meantime, here’s a look at commonly committed white-collar crimes and their defining actions.
Fraud
Fraud comes in many forms, but the mechanism and goal of any type of fraud is to take money under the guise of a legitimate purpose from a trusted source, and then steal or use the money for other purposes. There’s typically an element of a promise to return on the investment that never really materializes. Ponzi schemes are the simplest form of fraud, but other types of fraud include:
- Corporate fraud
- Debt elimination schemes
- High-yield investment promises
- Identity theft
- Fictitious banking
Embezzlement
Embezzlement is a type of financial crime that’s committed against an employer. One or more employees engage in the act of diverting or misappropriating funds that belong to the business and covering up the act by altering the books. Those engaging in this type of theft typically start out by taking small amounts that may not be noticed and hiding the money until they can remove it from the premises through physical or electronic means.
Money Laundering
Money laundering is the act of taking “dirty” money and moving it through a legitimate business to “clean” up the funds. For example, dirty money is run through the register of a business that looks to be operating according to the law. The money that’s been earned through illegal activities is then rung up as sales made by the business, then placed into bank accounts. Taxes are typically paid on the laundered money to help make the money look like it was earned legitimately.
Insider Trading
Insider trading is the act of using knowledge to affect the share price and/or company valuation before the information is made public. It’s considered to be unfair to the public as it results in the artificial inflation of the true value of the company. Insiders can use their knowledge to inflate the price of the stock, sell their shares, and cause the shareholders to lose money that may never be recovered.
Intellectual Property Theft
Intellectual property (IP) theft consists of stealing ideas, creative works, trade secrets, and ideas that were developed by an individual or corporation. Those who participate in this type of crime are usually employees who have access to the IP. Most of the time, IP theft consists of selling the work to the highest bidder as opposed to outright infringement.
Call the Brennan Law Offices Today for a Defense Against Charges of White-Collar Crimes
If you’ve found yourself charged with a white-collar crime, you’re entitled to defend yourself and protect your reputation. Contact us at the Brennan Law Offices for a consultation and learn more about why we’re the top criminal lawyers in Philadelphia. We only practice criminal law, and we’re fully invested in protecting your rights while providing you with the best legal representation possible.
At Brennan Law, we pride ourselves on taking care of our clients and making sure they know what’s going on with their case. We discuss the full implications of your case, provide you with regular updates, and use our skills to deliver a strong and aggressive defense on your behalf.
Read MoreLegal Options For Non-Violent Drug Offenders
A drug offense can have serious repercussions, but the state of Pennsylvania understands that non-violent offenses may benefit more from intervention than punishment. If you’re a first-time offender facing non-violent drug possession charges, you’ll still face some legal consequences if convicted, but you have a few options for avoiding the more severe outcomes.
Section 17/Probation Without Verdict
One program is known both as Section 17 and as Probation Without Verdict. This is a great option for those who have no prior criminal history because the result, if you complete the program, is that the charges are dismissed. Essentially, the program is what the name says it is. You follow a specific set of requirements, akin to probation, without being actually convicted. Once you complete those requirements, as mentioned, you get a dismissal. It’s not available to anyone who has prior criminal records or who’s being charged with anything more serious than simple possession, but for first-time offenders charged with just simple possession, it helps keep their record clean.
Accelerated Rehabilitative Disposition
This is likely the most basic program available. It’s for first-time offenders and like PWV, offers pre-trial steps that allow you to have the charges dismissed. However, you have to complete the steps in a year. The steps can vary but typically include drug tests and community service, along with counseling. If your offense is deemed to be among the more minor, this could be an appropriate step for you. However, it’s imperative that you have a lawyer helping you to get in because the program won’t accept everyone.
Drug Court
What if you’re charged with possession with intent to distribute? You’re not eligible for Section 17 or ARD, but you can go to Pennsylvania’s Drug Court if the reason you were trying to sell drugs was to support your own drug habit. In other words, an addiction drove you to try to get money through selling drugs, to buy more drugs. Again, this program is not for people with prior offenses, and it is not easy to complete. But it’s a lot better than being convicted, facing fines and jail time, and having a permanent criminal record.
First, you have to be accepted into the program at the Drug Court, so be patient with any questioning, and consult with a lawyer beforehand to ensure you know what to expect. Once accepted, you’ll get a series of requirements, almost like you do in the PWV program, but in this case, you’ll have to take drug tests, meet with counselors, and go through a series of different steps all designed to help you leave drugs behind. As with PWD, once you successfully complete this, you’ll have your charges dismissed.
Of course, if you want to fight the charges instead, there are defenses you can use if you can prove them. Do not attempt to fight them on your own, however, as court can be very difficult to get through when you don’t have the legal knowledge yourself. If you didn’t know you had drugs on you (maybe someone planted them), if you think the search that found the drugs was done illegally, or if you have any other proof that could save you from conviction, you’ll want to speak with a lawyer.
Philadelphia criminal lawyers at Brennan Law Offices can help you determine whether fighting the charges or accepting a drug diversion program offer would be better. These are serious charges, so you need the best drug case lawyer around. The best criminal lawyers in Philadelphia want to see you get the best outcome possible, so call today to discuss your case.
Read MoreKnow Your Rights: What To Expect During Arrest & Interrogation
Getting arrested after committing a crime, no matter how minor or serious, begins a process that can see your rights challenged by the government. It’s the role of the police to collect evidence about you and your actions before, during, and after an incident to determine your involvement in the situation. The experience is designed to be uncomfortable and put you off your guard in the hopes that you won’t invoke your right to silence and your right to be represented by a criminal defense attorney in Philadelphia.
What Happens During an Arrest
When a police officer has made a decision that you’re a suspect, they’ll detain you and place you under arrest. That involves the police officer informing you that you’re under arrest, then being handcuffed and placed in the back of a patrol car. You’re then transported to the nearest police station for processing and detained while the initial investigation is being conducted.
You may be placed in a holding cell or in an interrogation room, depending on the reason why you were arrested. In the event you were arrested for DUI, you’ll get an opportunity to call the best DUI lawyer in Philadelphia for legal assistance after you’ve had your blood alcohol checked and put through the booking process. If you were involved in a criminal case, you’ll be put through an interrogation, so the police can try to learn more and charge you with an offense that they feel is appropriate.
How an Interrogation is Handled
At some point, you’re read your Miranda rights, which enforces your right to stay silent. It also prevents the police from using anything you’ve said against you prior to being Mirandized. After your Miranda rights are read, the police settle in to start asking you questions about the incident. This is where you say nothing and invoke your right to an attorney. Nothing you say at this point is going to work in your favor, and you preserve your rights by asking for a lawyer.
What Happens After the Interrogation is Completed
Once you’ve declined to speak, the police are under no obligation to let you go. You may wind up being put in a cell, then wait to go before a judge to get a bond for release. You’ll have to return to court on the specified date to start the process of being judged and handed a punishment or sentence. Not saying anything at all and retaining a criminal attorney helps you improve your odds of getting a lighter sentence.
The Importance of Saying Nothing at All Times
Oftentimes, people talk to the police during their arrest and subsequent interrogation in the hopes they’re going to go free. All they have to do is convince the police officer or detective that they’re innocent by talking their way out of the situation. The fact is, once the police have decided that you’re a potential suspect, they’re not going to let you go that easily, and they’re not going to listen to what you have to say.
You are required by law to give the police your real name and address during the time you’re in custody, but you are under no obligation to say more than that. If the police try to pressure you into giving information at any point, you can politely decline and say that your lawyer advised you to not speak to the police.
Call the Brennan Law Offices Today for Help With Your Case
At the Brennan Law Offices, we’re here to help you with your criminal charges, no matter if it’s DUI, burglary, or assault. If you’ve been arrested for a crime of any type, contact us immediately, so we can get started on your case. Remember to always stay silent and let us help you with your charges by speaking for you in a court of law.
Read MoreThe Distinction Between Misdemeanors & Felonies
In the world of criminal law, the terms “misdemeanor” and “felony” are frequently used, but many people may not fully grasp the key differences between them. The attorneys from Brennan Law Offices are here to shed light on this important topic and explain why it’s important to understand the distinction between misdemeanors and felonies when dealing with legal matters.
First of all, misdemeanors and felonies are two very broad categories that classify criminal offenses based on their severity. Read on for a breakdown of each.
What are Misdemeanors?
Misdemeanors are considered less severe crimes compared to felonies. They typically involve minor infractions that result in limited punishment. Common examples of misdemeanors include petty theft, disorderly conduct, simple assault, and minor drug possession. In most cases, the consequences for a misdemeanor may include fines, probation, community service, or a short jail sentence, usually less than one year.
What are Felonies?
Felonies, on the other hand, are the most serious types of criminal offenses. They encompass crimes such as murder, sexual assault, robbery, and drug trafficking. Felonies are often characterized by the potential for substantial harm to individuals or society as a whole. Convictions for felonies can lead to lengthy prison sentences or even life in prison or the death penalty, hefty fines, and long-lasting consequences such as the loss of certain civil rights.
Expungement and Misdemeanors
When discussing criminal records, expungement is a term that comes up frequently, and it’s especially relevant when dealing with misdemeanors. Expungement is the legal process of erasing or sealing a criminal record, making it inaccessible to the public or potential employers. Having the best expungement lawyers in Philadelphia by your side can be invaluable, especially if you have a misdemeanor on your record. In many states, one felony per person can be expunged if it fits the criteria under that state’s laws. You can find out about the laws governing expungement in the state of Pennsylvania from the lawyers at Brenna Law Offices.
Expungement can provide individuals with a fresh start by removing the stigma associated with a criminal conviction. This process is often available for those who have completed their sentence and have remained crime-free for a designated period. Eligibility criteria and the expungement process can vary by jurisdiction, so it is very important to consult with experienced attorneys who understand how the laws work when it comes to expungement of both felonies and misdemeanors in the state of Pennsylvania.
Felonies and the Need for Criminal Defense
When it comes to felonies, having a lawyer becomes essential. Felonies carry severe penalties, including lengthy prison sentences, and require a strong defense strategy. The outcome of a felony case can have a profound impact on your life, affecting not only your freedom but your reputation and your entire future.
Quality lawyers are well-versed in state and federal laws and can provide the expertise needed to navigate complex legal proceedings in your case. They can review evidence, build a strong defense, negotiate with prosecutors, and, if necessary, represent you or your loved one in court. Their goal is to protect your rights and achieve the best possible outcome, whether through acquittal, reduced charges, or minimized penalties.
Contact Us
Having the best criminal lawyers in Philadelphia on your side can make all the difference if you are accused of a crime, whether it is a misdemeanor or a felony. Call the experienced attorneys at the Brennan Law Offices today and secure the criminal defense you need to protect your rights and your future.
Read MoreCan A Minor Be Charged With Gun Charges?
The short answer to the question is yes, a minor can be charged with gun charges under both Pennsylvania and federal laws under certain circumstances. Those circumstances include willingly and knowingly possessing the gun and using it when there are no responsible adults or guardians supervising the use of the gun. If you or your minor child have received a gun charge, speak to a defense attorney in Philadelphia as soon as possible. Legal representation can make a major difference in the outcome of the charges that are brought.
How Pennsylvania Law Handles Charging Minors With Possession of a Firearm
The Statutes of Pennsylvania lay out how a minor is legally allowed to handle firearms or guns, and what constitutes illegal handling. The relevant section, § 6110.1, initially states that it’s illegal for a minor to have or transport a firearm anywhere in the state. However, there are exceptions to the law that recognize the fact that minors can undergo training for safe handling of a firearm or go hunting with a rifle under adult supervision.
Some of the circumstances where a supervised minor can legally handle a firearm include:
- Shooting competition
- Hunting or trapping
- Target shooting
- Transportation for legal use
- Firearm is unloaded
A minor who is using a gun or firearm while under supervision is unlikely to receive gun charges, but a minor who uses a gun without an adult present is more likely to receive gun charges, as is the parent.
What Happens When a Minor is Given a Gun by Their Parent or Guardian
The law recognizes the fact that a parent or guardian is going to be the party that gives a minor child a gun. However, the only lawful reason why such a transfer occurs is under the above-listed circumstances. A supervising adult has to give the firearm to the minor responsibly to teach them how to use it properly. When a firearm is handed to a minor in violation of these circumstances, gun charges can be brought against both minors and adults.
The elements in which an adult can be charged for giving a minor a firearm include being an adult who knowingly and/or intentionally delivers a firearm to a minor for any other purpose than what is legally allowed. Both you and your minor child can receive gun charges under these circumstances.
Federal Firearms Charges for Juveniles in Possession of a Firearm
Federal law uses the word juveniles instead of minors to define anyone under the age of 18. The federal laws for juveniles in possession of a firearm are minimal, but they do prohibit a juvenile from knowingly possessing a handgun and/or its ammunition. A juvenile can legally possess a rifle and its ammunition. If a juvenile is in possession of a handgun, but has no knowledge of it, no charges can be brought. That is, if an adult hides their handgun in their minor child’s belongings, the minor can’t be charged for possession.
Contact Us for Help With a Minor in Possession of a Firearm Charge Today
Our legal team at the Brennan Law Offices in Philadelphia consists of experienced criminal lawyers who fight vigorously for the rights of our clients. Bill Brennan, our principal lawyer, has been practicing criminal law for over 30 years and has developed a law firm with a reputation for being one of the best criminal law firms in Pennsylvania. We understand how receiving a criminal charge impacts your child’s life, and we’re ready to provide you and your child with the support both of you need in a court of law. Call us today for a consultation and to learn more about how we can help.
Read MoreThe Difference Between Harassment & Stalking Charges
Harassment and stalking are both serious offenses, though they do have their differences. The line between these two charges can be confusing and difficult to determine. Regardless of the particulars of your case, it’s in your best interest to seek the assistance of a Philadelphia criminal defense lawyer to present the details fairly.
What Constitutes Harassment?
The definition of harassment falls under Pennsylvania Criminal Code Statute 18 – 2709. It includes the following actions: shoving, kicking, striking, or otherwise physically contacting another individual; threatening to do any of the above physical actions; following an individual around a public place(s); engaging in repeated acts or conduct without a legitimate purpose; conveying to or about someone else drawings, words, or language that is of a lewd or threatening nature; anonymously communicating with someone on a repetitive basis; repeatedly communicating with another person when it’s an extremely inconvenient time; and repeatedly communicating in another form.
It’s important to note that someone will be declared guilty of a harassment charge only if the court determines that they engaged in these actions with intent to harass, annoy, or alarm another person. A charge of harassment applies whether the communications were in person, over the phone, online, or through some other means. This also needs to cause the person some emotional distress, which means that they are undergoing a temporary or permanent state of mental anguish. A criminal defense attorney in Philadelphia can sort through the complicated details of what has occurred to make the proceedings go as smoothly as possible.
Charges of harassment are considered at a higher level of severity if the actions are against a child online. It does not matter if the communications were to the person privately or publicly on social media. These charges are taken a bit more seriously, whether it’s threats of harm or disparaging comments or opinions on the child’s appearance, sexuality, disability, etc.
How Stalking Differs from Harassment in Pennsylvania
Stalking is found in the Pennsylvania Criminal Code under Statute 18 – 2709.1. Stalking often is said to be a form of harassment, but it is on another level compared to the severity you see with harassment. You might need to get assistance from a sex crimes lawyer in Philadelphia.
The definition of stalking is a course of repeated actions or conduct that makes another person reasonably fear emotional distress or bodily harm or a course of action and repeated communication with the intent to make another person fear emotional distress or bodily harm. The key thing here is that it must involve more than one act over a certain period. This can include repeated emails, texts, other messages, social media posts, and phone calls. It also can be in the form of following an individual in a way that harasses or scares them, sending or giving them unwelcome gifts, and standing by their home, car, or workplace.
When it comes to this type of scenario, every detail is important to build a case to look at the circumstances and come up with a proper legal resolution. The consequences of the conviction can have a serious effect on the lives of everyone involved.
Harassment and Stalking Charges Require Legal Defense
If you’ve been accused of harassment or stalking, you want to get a criminal defense attorney to help you with your case as soon as possible. They will find out your side and know how to represent you so that the proceedings are fair and take all details into account. Contact us at Brennan Law Offices of the greater Philadelphia area today with your concerns and to see how we can help you.
Read MoreWhat Happens if You Steal a Car as a Minor?
It’s a serious matter to commit vehicle theft as a minor in Philadelphia. The legal process and consequences differ compared to how courts deal with adult theft of a vehicle. It’s important to understand this difference and how you can seek legal assistance if you get charged with vehicle theft.
Vehicle Theft by a Minor
When a minor steals a vehicle, they may not be charged as an adult. They aren’t going to end up in the adult system if they are under the age of 15. They also won’t go through this system if they are 15 years and older and haven’t been adjudicated for robbery of a motor vehicle and didn’t use a deadly weapon during the robbery. It may be considered a delinquent act and they will have to go through juvenile court proceedings. This designation is used in matters that would be considered a crime if an adult committed the same act. The only difference in outcome is that the minor would be adjudicated delinquent instead of convicted of a crime.
Juvenile Court Proceedings
First, an attorney or probation officer would have to file a delinquency petition with the court. This needs to state in clear terms the charges against you as well as detailed information about this act or incident. It should state whether you need rehabilitation, supervision, or treatment.
While this isn’t all that common, it is possible to avoid the court process. A probation officer or some other court officer can determine if it’s best that you have an informal adjustment of charges. If you comply with any terms you’re given during this time (which usually is around six months), the petition and charge can be withdrawn, there won’t be a finding of guilt, and you would have no juvenile record of this charge.
It’s possible to have your court process suspended if both parties agree to a consent decree. This is an agreement that’s made by all parties regarding the supervision of the minor child in their own home. They will need to follow specific conditions that the probation officer gives them. You can only get a consent decree if you’ve been adjudicated delinquent. They can expunge the adjudication after you’ve completed the conditions within the set amount of time.
The adjudicatory hearing is similar to a trial and it’s held to inspect evidence regarding whether or not you committed the offense that’s within your charge. The judge listens to evidence from witnesses who are on both sides. At this point, they’ll decide if the prosecution has proven that you committed the act(s). If they decide to adjudicate your delinquency, they’ll also decide at this time if you require rehabilitation, supervision, or treatment. If you are given an adjudicatory hearing and are found delinquent, you may be moved ahead to a disposition hearing for discussion of what type of rehabilitation, supervision, or treatment is best for your situation. The court reviews this disposition at least every six months.
Get Legal Assistance for Vehicle Theft by a Minor
Vehicle theft by a minor can be a complicated case. You would do well to seek the assistance of a criminal defense lawyer in Philadelphia to assist you with your case. Contact Brennan Law Offices today to talk to one of the best criminal lawyers in Philadelphia.
Read MoreDo I Need To Disclose If I Am A Registered Sex Offender?
Did you get arrested and convicted of a sex crime? If so, there are specific steps and procedures you must undergo upon your release from prison. So, do you need to disclose if you are a registered sex offender? Keep reading to find out what you need to disclose to the public and potential employers.
Sex Offender Requirements
When a person is a convicted sex offender, there are requirements they must fulfill upon their release. Sex offenders must report any of their status changes to local authorities. Depending on the state you reside in, there are a specific number of days in which a sex offender has to report their change of employment, address, or other similar circumstances.
You’ll also likely need to appear in person with a driver’s license at the designated local courthouse, driver’s license bureau, or other designated official government location to complete paperwork and notify them of your status update.
In some instances, your neighbors will be notified of your status, especially if you are moving into a new neighborhood. If you apply for employment, you must disclose your sex offender status. This is especially true if you plan to work for any position dealing with the public.
Restrictions Sex Offenders May Encounter
Registered sex offenders usually have restrictions on where they can live and where they can work. Most sex offenders are prohibited from working with children or at-risk adults with disabilities. They are also usually prohibited from holding a public office or working at a government facility.
Additionally, each state may have restrictions on specific jobs that sex offenders may not work, such as tow truck driver, ice cream sales, or other service-related occupations.
Requirements for Philadelphia Sex Offenders
Sex offenders living in Philadelphia are classified into tiers. These tiers dictate how often the offenders need to report to their designated check-in location. For tier I, the offender must go in person to check once per year. If the offender is a tier II, they must check in person twice per year at the designated locations.
Additionally, residents of Philadelphia who are sex offenders must adhere to the requirements of Megan’s Law. That means there must be official notifications to employers and residents in the area where they plan to reside. This measure is designed to protect locals, especially children and at-risk adults living in the vicinity of the sex offender.
If you are currently supervised by a parole officer or other court-appointed official, you must disclose your status to your employer. However, you are only legally required to notify your employer of your status if you have supervision or parole.
Considerations
Convicted sex offenders must know and comply with state and local laws regarding their status. There are specific laws and regulations in place for each state, so be sure to know the guidelines in your location. Additionally, sex offenders need to keep local officials updated regarding any changes in their status in terms of employment or a change of residence.
If you or someone you know needs a Philadelphia sexual assault lawyer, contact the professionals at Brennan Law Offices. We can provide a complete range of legal support and options to anyone in need of guidance and professional services.
Our experts are dedicated to offering the residents in and around the Philadelphia area top-notch legal services they can count on when they need it most. Reach out to the best criminal attorney in Philadelphia. Find out how to get started today by calling or stopping by our offices.
Read MoreWhat Happens When You Violate a Restraining Order
A Protection from Abuse Order, also known as a PFA or a restraining order, is designed to protect certain individuals from those who are deemed threats, whether it’s to their physical health or to their mental health. But while PFAs are an excellent way to discourage these behaviors, they’re not going to stop someone who wants to make contact from making contact. With that in mind, what happens when you violate a restraining order in Pennsylvania? What are the consequences? Let’s take a look at what happens when you violate a restraining order and what you can do if you find yourself in this situation.
Violating a PFA: The Immediate Penalties
Like anything else, violating the terms of a restraining order is going to come with immediate penalties that you’ll want to know about ahead of time. There are two types of penalties in Pennsylvania, each of which will be delivered depending on the unique circumstances of your case. If you’re found guilty of criminal contempt for violating your restraining order, the first penalty is having to spend up to six months in jail and pay a fine of anywhere from $300 to $1,000. The second penalty is six months probation on top of a fine of anywhere from $300 to $1,000.
There may also be additional actions taken depending on what you’re found guilty of. For example, if you indirectly violate the restraining order placed against you, the court may decide to extend the restraining order. You could be found in contempt of court in this situation and jailed without trial by jury. The person who has placed the restraining order against you can also file a petition for civil contempt, which carries the same potential jail time.
With the above in mind, it’s important to know that these are just the immediate penalties and consequences of violating your PFA. There are other more severe and longer-lasting consequences that you will need to be aware of too.
Additional Consequences of Violating a Restraining Order
Violating a restraining order can result in much more than probation and jail time as well as a small fine. Some of the other consequences that come with violating a PFA include:
- A potential suspension of your driver’s license.
- The suspension or revocation of your professional or occupational licenses, alongside potential long-term professional image damage as a result of violating the PFA.
- Issues moving forward with your immigration or citizenship application.
- An impact on cases that are of significant importance to you, including child custody battles and divorces.
- Damage to your personal reputation.
- Difficulty securing future employment.
- And beyond.
Restraining orders are in place for a reason, and when you violate a PFA, you put yourself in a position where you could face significant penalties and life-changing outcomes. The good news? No matter what the reason may be for why the PFA was requested or what actions you took that violated the PFA, you are still able to get your bearings. A Philadelphia assault lawyer can help you figure out what you can do moving forward to mitigate the damage caused so far.
Defend Yourself and Your Rights With Brennan Law Offices
Violating a PFA can be serious, and you need someone on your side who is able to help you navigate your life moving forward, providing you with the best possible defense and counsel. The experienced lawyers here at Brennan Law Offices are dedicated to supporting you during this time. Whether you’re looking for domestic violence lawyers in Philadelphia, contact us today so we can learn more about your situation and how we can help you.
Read More