Norristown, PA asked in Criminal Law for Pennsylvania

Q: Do I need an attorney to avoid serving time for a probation violation

Related Topics:
1 Lawyer Answer
Brian Fishman
Brian Fishman
Answered
  • Criminal Law Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: The short answer: Yes. The long answer: Yes. The fact that you are on probation means that were either found guilty or pled guilty to a crime in the past. A judge placed you on probation because he/she felt that you were a good candidate to remain free in society and be supervised by a probation officer rather than sent to jail. You'll often hear judges say, "Probation is a privilege, not a right". If you have somehow violated probation, then I certainly recommend hiring a strong criminal defense attorney. Your freedom is on the line. How much is your freedom worth?

And just to be clear, I have no idea what your violation is and it's quite possible that your judge will either continue your probation or give you a new term of probation if it was a minor infraction. But, you'd rather take that chance with a quality attorney next to you. It's very difficult to answer this question with more certainty as the type of violation will have much to do with whether or not you are facing jail time as a result of the violation. Two other key factors are (1) your past criminal record and (2) whether this is your first violation of probation for this or any past case that you were on probation for. The judge needs to feel comfortable that he's not placing you or other members of the community in harms way by leaving you on the street.

I hope that this assisted you. If you have further questions, please do not hesitate to contact me. I wish you all the best.

Brian M. Fishman

fishmanlaw@gmail.com

www.PhillyCriminalDefense.blogspot.com

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.