Probation and parole violations are not to be taken lightly. When someone has been alleged to have violated the terms of his/her probation or parole there is a possibility of added supervision, conditions and even additional jail time.
If you or a loved one has been alleged to have violated the terms of your probation or parole in West Chester, Chester County or the surrounding areas in Pennsylvania – call West Chester criminal attorney Michael DiCindio to discuss your case today.
When someone is convicted of a crime and sentenced to a prison sentence the Court in Pennsylvania must impose a minimum and a maximum sentence. For example, 11 1/2 months to 23 months. After the minimum sentence has been reached, the individual is eligible for parole. Once paroled, the remaining time left of the sentence will be served on parole.
Parole is similar to probation in that there likely will be reporting requirements and added conditions that must be complied with. If the person finishes with no violations, they will be released from parole and the case closed. When someone is convicted of a crime and sentenced to probation the Court will impose a period of supervision.
During which the convicted individual will typically have to report to a probation officer and submit to any number of other conditions that the Court imposed. Drug screenings, drug treatment, anger management classes, and paying fines and costs are some common examples. The probation will continue until it expires and closed if successfully completed.
Someone on probation or parole may violate the conditions of the supervision. It may occur with substantive or technical violations. These range from committing a new criminal offenses or not finishing a condition of supervision. The difference between violating probation vs. parole is found in what the possible sentences can be upon violation.
If someone violations probation – no matter how far they were into the probation time, the Court can resentence him/her to any possible sentence available at the time of sentencing. Therefore, if you were on five years of probation and violated one month before expiration – you may be resentenced to another 5 years of probation – or, you may be sentenced to a prison sentence.
If someone violates parole – the Court only has the ability to sentence you to the balance or the remaining time you have on parole. You will only receive credit for the time that you spent in prison NOT the time that you spent on parole and on the street. That is commonly called your “back time.”
Therefore, being alleged to have violated probation or parole can have serious consequences. Consultation with an experienced criminal lawyer should occur as soon as possible.
Contact West Chester criminal lawyer Michael DiCindio today if you have a pending probation or parole violation against you, call us at (610) 430-3535.
The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments. These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. Please contact DiCindio Law for a consultation and to discuss what law is relevant to your case.
Mike DiCindio is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale as well as in Montgomery County, Lancaster County, Delaware County, Philadelphia County, Bucks County and Berks County.