An arrest while you are on probation in Pennsylvania can have serious consequences and may affect both the new criminal case and your existing probationary sentence.
What Happens When You Get Arrested While on Probation in PA?
When someone on probation is arrested and charged with a new criminal offense, probation authorities will often treat the arrest as a direct violation of probation. In many situations, the probation department or prosecutor may place a detainer on the individual. A detainer can prevent release from custody while the new case is pending, even if bail is set or posted on the new charge.
What if the New charges Result in Conviction?
If the new criminal case results in a conviction, the court may impose two separate penalties—one sentence for the new offense and an additional sentence for violating probation in the prior case. This means a conviction while on probation can significantly increase overall sentencing exposure.
How Can This Impact your Case?
Importantly, probation consequences can arise even before the new criminal case is resolved. Depending on the circumstances, the court or probation department may act based on the arrest or charges alone. Each case is evaluated individually, with factors such as the nature of the new charges, prior criminal history, and compliance with probation conditions playing a role in the outcome.
Speak With An Attorney and Find What Your Options Are
If you have been arrested while on probation, speaking with a defense attorney as soon as possible is essential. Attorney Michael Kotik of SKA Law Group can review your case, explain the potential consequences, and work to develop a strategy aimed at protecting your rights and limiting further penalties.
FAQ: Arrest While on Probation in Pennsylvania
What happens if I’m arrested while on probation in Pennsylvania?
An arrest may trigger a probation violation process, which can result in additional court proceedings and potential custody while the new case is pending.
Can probation place a detainer if I’m charged with a new crime?
Yes. A detainer may be filed by probation or the prosecutor, which can keep you in custody even if bail is granted on the new charge.
Do I need to be convicted of the new charge to violate probation?
Not necessarily. In some cases, probation consequences may occur before the new case is resolved, depending on the circumstances and court discretion.
What happens if I’m convicted of the new offense while on probation?
The court may impose a sentence for the new conviction and an additional sentence for violating probation, increasing your total potential penalties.
Does every arrest lead to a probation violation?
No. Each case is fact-specific and depends on factors such as the nature of the charges, prior record, and compliance with probation conditions.
Should I contact a lawyer if I’m arrested while on probation?
Yes. A defense attorney can assess your situation, address potential violations, and help protect your rights in both cases.
