What Happens After a Probation Violation in Philadelphia?

If you or someone you care about has been accused of a probation violation in Philadelphia, it’s important to act quickly. Knowing what to expect and how a criminal defense attorney can help may mean the difference between freedom and going back behind bars.

What Is a Probation Violation?

A probation violation occurs when a person fails to follow the terms and conditions set by the court. In Philadelphia and throughout Pennsylvania, these conditions are often specific to the individual and the nature of their offense.

Common probation violations include:

• Failing to report to your probation officer

• Testing positive for drugs or alcohol

• Getting arrested for a new crime

• Missing required court dates or treatment programs

• Failing to pay fines, restitution, or fees

• Leaving the jurisdiction without permission

• Associating with known criminals

• Failing to maintain employment or school attendance

Some violations are technical (like missing a meeting), while others are substantive (committing a new offense). Both types can trigger serious consequences.

What Happens When You Violate Probation in Philadelphia?

If your probation officer believes you’ve violated your probation, they may:

1. Issue a warning or adjust your conditions

2. File a formal violation report with the court

3. Request the judge to issue a bench warrant for your arrest

If a warrant is issued, you can be arrested and held until your Gagnon I and Gagnon II hearings—the two-stage process Pennsylvania uses to determine probation violations.

Understanding Gagnon Hearings

Gagnon I Hearing: This is a preliminary hearing to determine whether there is probable cause to believe a violation occurred. If the judge finds there is, you will move on to a Gagnon II hearing.

Gagnon II Hearing: This is similar to a trial. The judge will review the evidence and hear arguments from both sides. You have the right to a defense attorney, to present witnesses, and to challenge the allegations.

At the end of the Gagnon II hearing, the judge may:

• Reinstate your probation with the same conditions

• Modify your probation terms (e.g., more supervision or treatment)

• Extend your probation

• Revoke your probation and sentence you to jail or prison

Possible Penalties for Violating Probation

Penalties vary depending on the type of violation, your original charge, and your criminal history. You could face:

• Additional fines or restitution

• Stricter probation conditions

• Community service

• House arrest or electronic monitoring

• Jail time—up to the maximum for your original offense

For example, if your original charge was a first-degree misdemeanor, and the judge revokes your probation, you could be resentenced to up to 5 years in prison.

How a Criminal Defense Lawyer Can Help

If you're facing a probation violation, don’t go to the hearing alone. A skilled defense attorney can:

✅ Challenge the evidence that a violation occurred
✅ Demonstrate compliance or mitigating circumstances
✅ Argue for reinstatement or alternative penalties
✅ Cross-examine witnesses, including probation officers
✅ Negotiate with the probation department and prosecutor beforehand

An experienced attorney may also help you avoid jail by presenting a strong plan for rehabilitation or explaining why the violation was minor or unintentional.

Don’t Ignore a Probation Violation

Many people make the mistake of thinking a minor violation will be overlooked. In reality, probation violations are taken seriously in Philadelphia courts. If you’re accused of a violation, the best course of action is to contact a defense attorney immediately—before a warrant is issued or the situation escalates.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

With over 30 years of experience handling probation violation cases in Philadelphia and across Pennsylvania, Mark D. Hauser understands how to protect your freedom and fight for a fair outcome in court.

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