Violation of Probation (VOP) – Criminal Defense in Philadelphia, PA

Accused of Violating Probation in Pennsylvania? You Still Have Rights.

If you've been accused of violating your probation — even for a minor slip-up — you could be facing serious consequences, including revocation of probation, jail or prison time, and the reinstatement of your original sentence. In Pennsylvania, Violation of Probation (VOP) hearings are handled differently than regular criminal trials, and the burden of proof is lower. That’s why you need a skilled criminal defense attorney on your side immediately.

With over 30 years of experience, the Law Office of Mark D. Hauser aggressively defends clients in Philadelphia and surrounding counties who are accused of violating the terms of their probation. We work quickly to protect your rights, present your side of the story, and keep you out of custody whenever possible.

What Is a Violation of Probation (VOP)?

Probation allows a person to avoid incarceration by complying with court-ordered conditions — but any failure to follow those conditions can lead to a VOP charge. There are two main types of probation violations:

1. Technical Violations

These involve breaking the rules of your probation without committing a new crime. Examples include:

  • Missing a meeting with your probation officer

  • Failing to pay fines or court costs

  • Testing positive for drugs or alcohol

  • Failing to complete community service

  • Not attending mandated treatment or counseling

  • Traveling without permission

2. Direct (Substantive) Violations

These occur when you are accused of committing a new criminal offense while on probation. Even if the new charge is unresolved, a judge can still consider it a violation under probation terms.

What Happens at a VOP Hearing in Pennsylvania?

If your probation officer believes you've violated your terms, they will issue a detainer or violation notice, and you may be:

  • Arrested without bail

  • Held in custody until your hearing

  • Summoned to court to face a VOP hearing

Unlike a standard criminal trial, VOP hearings don’t require proof beyond a reasonable doubt. A judge only needs to find that it’s “more likely than not” that a violation occurred. The hearing is held before a judge, not a jury, and your probation officer may testify against you.

Consequences of a VOP Conviction

If the court finds you violated probation, the judge can:

  • Revoke your probation and impose your original sentence

  • Modify or extend the length of your probation

  • Add new conditions, such as house arrest or electronic monitoring

  • Order you to serve time in jail or prison

  • Transfer you to a stricter supervision program

In Philadelphia, VOP cases are heard in the Court of Common Pleas, and outcomes vary widely depending on the judge, probation officer, and quality of legal representation.

How We Defend VOP Charges

We approach VOP cases with urgency and strategy. Our goal is to prevent incarceration, protect your record, and get you back on track. We may argue:

No violation occurred – The facts or circumstances are misunderstood or misreported.
Violation was minor or unintentional – Especially in technical cases involving missed appointments or non-payment.
You are actively addressing the issue – Including participation in treatment, job programs, or restitution payments.
You are better served in the community than in custody – We advocate for alternatives like continued probation or house arrest.

In cases involving new criminal charges, we coordinate your defense to ensure one case doesn’t automatically jeopardize the other.

We Represent Clients Facing VOPs Across the Region

Our firm represents clients charged with probation violations in:

  • Philadelphia County

  • Montgomery County

  • Delaware County

  • Bucks County

  • Chester County

We understand the procedures, probation departments, and court tendencies in each of these jurisdictions.

You Deserve a Second Chance — Not a Jail Sentence

Whether your violation was a simple mistake or the result of new charges, you need a defense attorney who understands the stakes and will fight for the best possible outcome.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.