What Happens When You’re Arrested While on Probation

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In Delaware County, being arrested while you are on probation can carry serious legal consequences and may affect both your new criminal case and your existing probation sentence under Pennsylvania law.

How Does a New Arrest Affect Current Probation

When someone on probation in Delaware County is arrested and charged with a new criminal offense, probation authorities often treat the arrest as a direct violation of probation. In many cases, the probation department or the prosecutor’s office may issue a detainer. A detainer can prevent release from custody while the new charges are pending, even if bail is granted on the new case.

What Happens if the New Charges Result in a Conviction

If the new criminal charge results in a conviction, the court may impose separate penalties. This can include a sentence for the new offense as well as an additional sentence for violating probation in the prior case. As a result, a conviction while on probation can significantly increase overall sentencing exposure.

Probation-related consequences may also arise before the new criminal case is resolved. Depending on the facts, Delaware County courts and probation officials have discretion to take action based on the arrest or charges alone. Each case is evaluated individually, with consideration given to the nature of the new charges, prior criminal history, and compliance with probation conditions.

If you have been arrested while on probation in Delaware County, it is important to speak with a defense attorney as soon as possible. Attorney William Weiss can review your situation, explain potential outcomes, and develop a strategy focused on protecting your rights and minimizing additional penalties.

FAQ: Arrest While on Probation in Delaware County, PA

What happens if I’m arrested while on probation in Delaware County?

An arrest may trigger probation violation proceedings, which can result in additional court hearings and possible custody while the new case is pending.

Can I remain in jail even if bail is granted on the new charge?

Yes. A detainer may be filed by probation or the prosecutor, which can prevent release even if bail is posted.

Do probation consequences require a conviction on the new charge?

Not necessarily. In some cases, probation-related action may occur before the new criminal case is resolved, depending on the circumstances and court discretion.

What happens if I’m convicted of a new offense while on probation?

The court may impose a sentence for the new conviction and a separate sentence for violating probation, increasing total penalties.

Are probation violation outcomes the same in every Delaware County case?

No. Outcomes vary based on factors such as the seriousness of the new charges, prior criminal history, and compliance with probation conditions.

Why should I contact a lawyer if I’m arrested while on probation in Delaware County?

A defense attorney can evaluate your exposure, address potential probation violations, and help protect your rights in both the new case and the probation matter.