Pennsylvania and New Jersey Probation Violation Attorneys
Probation is sometimes granted to criminal offenders as an alternative to spending time behind bars. In exchange for avoiding time in jail or prison, people who are on probation are expected to meet certain requirements. To give a few common examples, probationers are required to check in with their probation officers and pass regular drug tests. If an offender violates the terms of his or her probation, the consequences can be severe.
If you are found guilty of violating your probation, you could lose all of the rights and privileges associated with probation. In other words, your probation could be revoked, and you could be re-sentenced with prison or jail time. You could also receive an even longer probationary term. If you are facing probation violation charges in Pennsylvania or New Jersey, you need to act fast to protect your rights and your freedom.
Young, Marr & Associates: NJ and PA Probation Violation Lawyers
When you work with an attorney from Young, Marr & Associates, you gain the support of more than 30 years of legal experience. The skilled lawyers at our firm have decades of experience handling probation violation cases throughout Pennsylvania and New Jersey, including juvenile, misdemeanor, and felony cases stemming from a broad spectrum of charges. Our seasoned lawyers have worked with thousands of clients over our many years practicing criminal defense, and our legal team includes two former prosecutors and a former senior deputy district attorney.
At Young, Marr & Associates, it’s our stance that you are innocent until proven guilty, plain and simple. We will fight aggressively to win justice on your behalf, and will work tirelessly to ensure that your legal rights are always respected and protected. To schedule your free and confidential case evaluation, call our law offices today at (609) 755-3115 in New Jersey or (215) 701-6519 in Pennsylvania.
Probation is Not Parole
When approaching a probation violation case, it’s important to understand the differences between probation and parole.
Probation means that an offender will not be physically incarcerated, on the condition that he or she meets the requirements of his or her probationary period.
Parole means that an offender is released from jail or prison early, at which point he or she is monitored by the county probation and parole office.
How Do You Violate Probation?
The rules and terms of a given probationary period may vary by case and jurisdiction. Nonetheless, there are some basic requirements that are common to most probationary periods. Some of the more common ways people violate probation include:
- Failing to check in with the Probation Officer.
- Failing a drug test or using alcohol where prohibited.
- Failing to report a change of personal address or workplace to the P.O.
- Failing to find and keep a job.
- Failing to pay fees and restitution fines.
Probation Violation and Gagnon Hearings
If you are charged with violating your probation, there will be a two-part Gagnon hearing, so named for the case of Gagnon v. Scarpelli in 1973.
Gagnon I Hearing
The purpose of the Gagnon I Hearing is to prove that there is probable cause for a probation violation. The burden of proof falls on the P.O. The Gagnon I Hearing is relatively informal, and will typically take place in a probation and parole office. If the Probation Officer can prove probable cause, the case proceeds to the Gagnon II Hearing.
Gagnon II Hearing
The purpose of the Gagnon II Hearing is to determine if you violated your probation or not. The Gagnon II Hearing is more formal than Gagnon I, and may involve calling witnesses. If the judge rules that you violated your probation, you will be given a new sentence, oftentimes based on the recommendations of the P.O.
If you or one of your loved ones is facing charges related to probation, an experienced NJ or PA probation violation attorney from Young, Marr & Associates can help. Call our law offices right away at (609) 755-3115 in New Jersey or (215) 701-6519 in Pennsylvania, or contact us online.
NO JAIL TIME
Commonwealth v. Houser (DUI case)
Client was charged with three separate DUI cases calling for mandatory minimum imprisonment of 90 days on each case. Client was advised to seek immediate intensive alcohol counseling. Client was sentenced to 1 year of house arrest after serving 3 days in the county prison.
Commonwealth v. Cohen (Felony drug/Firearms case)
Client was charged with felony Delivery of drugs and illegal gun possession and was facing a mandatory 3-6 year prison sentence in the State prison system. Client was sentenced to one year of house arrest.
Commonwealth v. Santiago
Client was charged with simple assault, domestic. After a hearing where evidence and testimony was presented, the entire case was dismissed by Judge Leonard Brown.
State of New Jersey v. Henderson
Charges for young man charged with second degree aggravated assault were downgraded to third degree and he was accepted into the County Pretrial Intervention program with charges to be dismissed and record expunged after one year of misconduct free behavior.
OUR CRIMINAL DEFENSE TEAM INCLUDES TWO FORMER DISTRICT ATTORNEYS
We have decades of experience dealing with local police departments, prosecutors, and judges throughout southeastern Pennsylvania and New Jersey.
Anyone facing charges involving a criminal offense can expect to experience a heightened degree of emotional turmoil, for themselves, as well as their family members. Our team of highly qualified criminal law attorneys and expert legal support staff are committed to providing each of our client’s with the compassion and understanding they deserve, as well as an aggressive plan for representation at an affordable price.
As former prosecutors, we have a balanced and in-depth understanding of the criminal justice system and how the prosecution prepares cases. In addition, we have long-standing experience dealing with local police departments, prosecutors and judges throughout southeastern Pennsylvania and New Jersey.
At Young, Marr and Associates, when we say “experience matters,” we mean it. Our lawyers, which include two former prosecutors and a former senior deputy district attorney bring more than three decades of criminal law experience, handling more than 10,000 criminal cases. It is precisely that experience that allows us to achieve outstanding results for our clients facing DUI, traffic, felony and misdemeanor charges in state, federal and juvenile courts.