Facing a Probation Violation in Philadelphia? Understanding VOP Hearings and Possible Penalties

Probation allows individuals convicted of offenses to remain in the community under supervision. However, when a probation officer alleges a violation, the court can issue a detainer and initiate formal revocation proceedings.

A violation of probation (VOP) can lead to incarceration. Philadelphia criminal defense lawyer Mark D. Hauser, Esquire, has over 30 years of courtroom experience advocating for clients at Gagnon I, Gagnon II, and probation revocation hearings across Philadelphia and surrounding counties.

Technical Violations vs. Direct (New-Charge) Violations

• Technical Violations: Failing to comply with administrative supervision conditions, such as missed appointments, positive drug screens, failure to pay restitution, or changing address without notification.
• Direct Violations: An arrest or conviction for a new criminal offense committed while serving a probation sentence.

Pennsylvania’s Probation Reforms (Act 44 of 2023 & § 9771)

Under Pennsylvania’s probation reform statutes (including 42 Pa.C.S. § 9771), there is a statutory presumption against incarceration for technical violations. Total confinement may generally only be imposed if the defendant committed a new crime, the violation indicates an unmanageable public safety threat, or lesser sanctions have repeatedly failed.

What Happens at a VOP Hearing?

VOP hearings proceed in two stages:

1. Gagnon I Hearing: A preliminary hearing to determine probable cause that a violation occurred.
2. Gagnon II Hearing: A formal evidentiary hearing before the sentencing judge where the defense presents mitigating evidence, treatment completion proof, and community support.