In Pennsylvania, individuals on probation or parole must comply with certain conditions set by the court. Failing to follow those conditions—or breaking new laws while under supervision—can lead to “violations.” There are generally two main types:
Technical Violations: Violations of oversight conditions (reporting, treatment programs, fees, etc.), not new crimes.
Direct (or Substantive) Violations: When someone under supervision is convicted of a new crime committed while on probation or parole.
Both kinds of violations can result in serious consequences, including hearings, revocation of probation or parole, and potential incarceration. The law gives judges broad discretion in how to respond, depending on the nature and severity of the violation.
Types of Violations & Examples
Here are common violation types and how they differ:
| Type of Violation | What It Is | Examples |
|---|---|---|
| Technical Violation | Failing to comply with the rules set by your probation or parole supervision, without committing a new crime. | Missing appointments with a probation officer; failing to attend required programs (drug treatment, counseling); not paying restitution or fines; failing drug tests; moving without permission; not reporting changes in address or employment. |
| Direct (Substantive) Violation | Committing a new criminal offense while under supervision. | Being arrested and convicted of a new crime; new charges such as theft, assault, or drug offense while on probation or parole. |
Legal Framework & Penalties for Violations
Pennsylvania’s statutes and case law allow courts to hold probation or parole violation hearings when violations occur. These hearings can lead to revocation of supervision or additional penalties.
Technical violations alone may not always lead to jail, especially if it’s a first violation or minor infraction. However, consequences can still be severe, depending on how the court views the violation history and risk.
Direct violations are treated more harshly. A conviction for a new crime while under supervision often leads to stricter penalties, possibly including jail time, more restrictive probation, or even revocation.
What Lawyer Michael Kotik Can Do
Attorney Michael Kotik has extensive experience defending clients in violation hearings and fighting probation or parole revocation efforts. He offers:
Thorough, early investigation of the allegation, including whether the violation is technical or direct
Challenge to the evidence and procedures in violation hearings
Negotiation with prosecutors or parole/probation officers to minimize consequences
Representation in hearings, seeking alternatives to revocation such as treatment, modified conditions, or reduced terms
FAQs About Violations
Q: What’s the difference between a technical violation and a direct violation?
A: A technical violation is failing to meet conditions of supervision (like treatment or reporting), while a direct violation involves being convicted of a new crime while on probation or parole.
Q: Can a technical violation lead to jail time?
A: Yes. Even though technical violations are considered less severe, a judge can revoke probation or parole and impose jail time depending on the violation’s seriousness and the individual’s history.
Q: If I have a new criminal charge, is that always a direct violation?
A: If convicted of the new crime while under supervision, yes. An arrest alone doesn’t always make a direct violation until there is a conviction.
Q: What happens at a violation hearing?
A: You’ll be allowed to defend yourself, present evidence, cross-examine witnesses. The judge considers your case, violation history, and what remedy is appropriate—revocation, altered supervision, or continuation under current or modified conditions.
Contact Lawyer Michael Kotik
If you believe you are facing a probation or parole violation (technical or direct), it’s critical to act fast. The sooner legal representation is involved, the better the chance to protect your rights and avoid harsh penalties.
Phone: 267-265-4553
Email: michael.kotik@gmail.com
Disclaimer
This information is provided for general educational purposes only and does not constitute legal advice. Laws and policies in Pennsylvania may change, and what applies to your case may differ. Always consult with an attorney familiar with the laws in your county and situation.