Direct Violation in Philadelphia
Unlike technical violations, direct violations involve new criminal charges while you’re under supervision. These are taken extremely seriously by probation officers, judges, and the Philadelphia Courts.
What Is a Direct Violation?
A direct violation occurs when you:
- Are arrested and charged with a new crime while on probation or parole
- Are convicted of a new offense while under supervision
This type of violation not only triggers consequences for the new offense, but can also result in your probation or parole being revoked.
What Are the Consequences?
You may face:
- Detainment without bail until your violation hearing
- Revocation of your current probation/parole
- Reinstatement of your original sentence (including prison time)
- Additional charges or stricter terms if allowed to remain on supervision
You will likely face a Gagnon I and Gagnon II hearing in Philadelphia Court of Common Pleas. These hearings determine whether a violation occurred and what the outcome should be.
Why You Need Legal Representation
Having a lawyer represent you in violation hearings can make a major difference. Your attorney can present mitigating factors, show that the new charge is weak or unfounded, and work to avoid a harsh penalty. In some cases, it’s possible to keep probation active or get charges dismissed entirely.
Direct Violation – FAQ
Q: What makes a violation “direct” instead of technical?
A: A direct violation typically involves new criminal charges—for example, getting arrested for a DUI or assault while on probation. It shows a potential disregard for the law, not just probation rules.
Q: Can I be held without bail for a direct violation?
A: Yes. Judges often detain individuals without bail while new charges are pending if they were already under court supervision at the time of the alleged offense.
Q: What happens to my original case if I pick up a new charge?
A: The court may revoke probation or parole and re-sentence you on the original case, regardless of the outcome of the new charge.
Q: Does the new charge have to result in a conviction to trigger penalties?
A: No. Even an arrest or pending charge can be enough to justify a direct violation, depending on your supervision terms.
Q: Will I face two separate court proceedings?
A: Yes—one for the new charge and another for the violation of your previous sentence. The probation/parole judge may act even if the new case is still ongoing.
