Pennsylvania courts treat probation violations with significant gravity, and a violation can result in the revocation of your probation and incarceration for the remainder of your original sentence. When you receive probation instead of jail time, you agree to follow specific conditions, and failing to meet those requirements may lead to a hearing where a judge determines your fate. The consequences depend on the nature of the violation, your prior record, and whether this is your first breach of probation terms.
At Rubin, Glickman, Steinberg & Gifford, we have defended individuals facing probation violations for over 65 years. Our criminal defense attorneys work to protect your rights and present compelling arguments to help you avoid incarceration.
What Constitutes a Probation Violation in Pennsylvania
A probation violation occurs when you fail to comply with the terms set by the court. These conditions vary based on your offense but typically include reporting to your probation officer, maintaining employment, abstaining from drugs and alcohol, paying fines or restitution, and avoiding new criminal charges.
Technical violations involve breaking rules without committing a new crime. Missing an appointment with your probation officer, failing a drug test, or traveling outside the permitted area falls into this category. Courts may view these infractions as less serious than substantive violations, though they can still lead to penalties.
Substantive violations happen when you commit a new crime while on probation. Getting arrested for theft, drug possession, or DUI constitutes a substantive violation and typically results in harsher consequences. The new charge does not need to result in a conviction for your probation officer to file a violation report.
The Probation Violation Hearing Process
When your probation officer believes you violated the terms of your probation, they file a report with the court. The judge then issues a bench warrant or a summons requiring you to appear for a violation hearing. Unlike a criminal trial, the prosecution only needs to prove the violation by a preponderance of the evidence, not beyond a reasonable doubt. This lower standard makes it easier for the court to find you violated probation.
During the hearing, you have the right to present evidence, call witnesses, and testify on your behalf. Your attorney can cross-examine witnesses and challenge the evidence against you. The judge considers factors such as the severity of the violation, your compliance history, and whether you pose a risk to public safety.
You may admit to the violation, which sometimes leads to more lenient sentencing. However, admitting guilt for a substantive violation can affect your pending criminal case. An attorney can help you weigh these options and determine the best approach for your situation.
Potential Penalties for Probation Violations
Pennsylvania judges have broad discretion when sentencing probation violators. For technical violations, the court may issue a warning, modify your probation conditions, extend the probation period, or impose additional requirements like community service or counseling. Some judges prefer to give probationers a second chance before imposing jail time.
For more serious violations, the judge can revoke your probation entirely and require you to serve the remainder of your original sentence in prison. If you received a five-year sentence but were placed on probation after serving one year, violating probation could result in serving the remaining four years behind bars.
The court may also impose a combination of penalties. You might serve a short jail sentence followed by reinstatement of probation with stricter conditions. Each case depends on the specific circumstances and the judge’s assessment of whether you can successfully complete probation.
Defenses Against Probation Violation Allegations
Several defenses can challenge a probation violation allegation. If your probation officer failed to provide clear instructions about your obligations, you might argue you did not knowingly violate the terms. Documentation showing you attempted to comply with requirements can support this defense.
Medical emergencies or other unavoidable circumstances may explain missed appointments or failed drug tests. For example, certain medications can produce false positives on drug screenings. Providing medical records or expert testimony can help demonstrate your innocence.
Procedural errors during the violation process can also lead to dismissal. If law enforcement violated your constitutional rights while gathering evidence, or if the probation officer did not follow proper procedures when filing the violation report, these issues can form the basis of a defense.
Protecting Your Rights After a Probation Violation
If you face a probation violation in Pennsylvania, immediate action is necessary. Recognized as a Best Law Firm by U.S. News & World Report every year since 2010, Rubin, Glickman, Steinberg & Gifford has the resources and knowledge to handle complex probation violation cases. Our attorneys, including Pennsylvania Super Lawyers Marc Robert Steinberg and Gregory Gifford, understand how to navigate the court system and fight for the best possible outcome. We represent clients throughout Montgomery and Bucks counties from our offices in Colmar and Newtown. Contact us online to discuss your case during a free consultation.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
January 26, 2026
