Protecting Thousands Against Probation Violations in Philadelphia
Even when there has been a demonstrable violation or a crime, skilled representation before the court or parole board by experienced parole attorneys can mitigate the consequences or result in acquittal or dismissal of the charges. When our parole lawyers represent you against charges of parole or probation violations, we will thoroughly investigate all aspects of your case to look for legal avenues to overcome the charges.
Types of Probation Violations in Philadelphia
While on probation or parole, there are a number of conditions you will be expected to comply with; established by either the court when probation is set or by your probation officer to whom you will report to. If you do not meet these conditions, you will be charged with one of two types of probation violations, which could lead to serious consequences, including significant jail time, without the help of skilled Philadelphia defense attorneys by your side.
A technical violation occurs when the defendant has broken a rule or condition of his or her probation as defined in the probation order. Common technical probation violations include:
- Not paying court fees or restitution on time
- Failure to report your whereabouts to your parole officer
- Testing positive for drugs
- Changing your residence or leaving town without permission
- Leaving your house after curfew
If it is a mere technical violation of the conditions of your parole or probation, our parole lawyers will work to present your case in the best light possible. But once a probation officer makes the decision to charge you with a violation, the consequences could be serious, so it is important to contact our parole attorneys immediately. If you have not yet been arrested for probation violations, we can arrange your surrender and go before the court to obtain a bond for your release.
Direct probation violations – also known as “new law” violations or substantive violations – occur when the probationer has committed another crime during their sentence. For example, if you are currently on probation in Philadelphia for possession with Intent to Deliver, and you are arrested on new drug charges, you will be in direct violation of probation if convicted.
In cases involving an arrest on a second criminal charge, we take a different approach. Our detainer petition lawyers assertively defend all of the rights of our client. Under certain circumstances, we can go to court to file a petition to lift the detainer and obtain the client’s release before the trial on the new charges.
When it comes to both technical and direct probation violations, the probation judge has a significant amount of discretion in regard to the resulting penalties, which do not always have to include jail time. The key is to have a team of probation and parole attorneys with extensive experience in the Philadelphia courts and the respect of these judges to get you the best possible outcome.
Lifting Detainers in Philadelphia
When a defendant’s violation of probation is a new offense, it is a particularly serious situation because a detainer will be issued. This means you will be placed in jail, and the judge will order police and the prison not to release you until the new case is resolved – even if the defendant is able to pay bail.
As a result, the defendant may spend weeks or even months behind bars until hearing the outcome of the case. If found guilty of a violation, a hearing will be scheduled within a few weeks where the judge will either impose a new sentence for the probation violations, which could involve an extension of probation or a jail sentence. In order to avoid these consequences and fight for your release, a detainer petition lawyer can request a motion to lift the detainer.
Lifting Detainers in Philadelphia
Given the hardships that a detainer order can cause, it is crucial that you have the best detainer lawyers in Philadelphia fighting for you.
Our detainer lawyers have successfully represented thousands of clients in lifting detainers with extensive knowledge in this jurisdiction. After a thorough investigation into your case, our detainer attorneys will gather any possible mitigating evidence in order to challenge the violation and file a successful motion to lift detainer until the new case is solved. This motion is a request to the judge to release the defendant from custody. This will prompt the court to schedule a hearing date, which gives the detainer lawyers a great opportunity to make a case to the judge for continued probation or additional treatment versus the alternative jail sentence that may result.
Our detainer lawyers in Philadelphia recommend considering the following things before a Motion to Lift Detainer hearing:
- Have a clear explanation about why the probation violations occurred
- Ask friends or family to attend on your behalf
- Consider treatment options (in- or out-patient programs)
- Highlight positive activities you have done (employment, care taking)
Through our detainer attorneys’ extensive experience in lifting detainers in local courts, we know the courts want individuals to be proactive and willing to put in the effort to break the cycle of re-arrests. This is why our detainer lawyers in Philadelphia suggest having written documentation of proof of employment upon release if possible, in order to have the best chance to successfully motion to lift a detainer. In support of this, our team will work diligently to assess the details of your case and find the faults in the evidence against you to justify lifting a detainer to the judge.
Never assume that you must sit in jail until your trial. To discuss your specific case with one of our detainer lawyers in Philadelphia, contact us today.
Have Experienced Probation & Parole Lawyers on Your Side
The founder of our firm, attorney William J. Brennan, has over 25 years’ experience as a criminal lawyer representing persons accused of probation and parole violations. The detainer lawyers at Brennan Law Offices understand probation and parole violation charges. In many cases, parole officers or case agents will hold probationers to unrealistic or higher than ordered release terms, and they are very relaxed when it comes to gathering the proper evidence. For example, an instance where a parolee is in violation for testing positive for a marijuana, despite having a medical permit card. For these reasons, having seasoned, skillful parole attorneys or detainer petition lawyers to fight for you is the key to avoiding unjustifiable consequences.
Parole Violations & Motion to Lift Detainer Hearings
Our detainer petition lawyers in Philadelphia know how to represent you in a way that best preserves your rights. If you or a loved one has been charged with probation violations and is seeking a motion to lift a detainer, do not hesitate to contact us. Our detainer attorneys will work tirelessly on your behalf, while keeping you updated every step of the way. In addition to parole violations, we have the best expungement lawyers in Philadelphia.
The skilled parole attorneys at Brennan Law Offices are available 24 hours a day to take your call. For a free consultation, contact one of the defense lawyers at Brennan Law Offices at 215-568-1400 to discuss the details of your probation violation today. We represent clients in Philadelphia, and all throughout Pennsylvania and New Jersey, and we are ready to fight for you.