Violations of Probation/Parole

A violation of probation or parole can occur in many situations – not paying fines and restitution, not completing drug and alcohol evaluations or treatment, committing new crimes, etc. When it is alleged that this has occurred there is a two-step process. First, there is a detainer hearing that determines if you will stay incarcerated until the resentencing hearing. Second, there is a resentencing hearing where a Judge will determine if the Commonwealth has proven a violation and, if so, resentence you. We have two main goals in these situations. First, we want to do everything we can to not have a detainer placed on you at the Level I hearing. Or, if you have already been detained prior to the hearing, to determine what we can do to have the detainer lifted pending the outcome of the Level II hearing. The second goal is to either fight the violation if possible or to argue for a non-custodial sentence at the Level II hearing.