Norristown, PA asked in Criminal Law for Pennsylvania

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

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1 Lawyer Answer
Brian Fishman
Brian Fishman
  • 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

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