Here at Ciccarelli Law Offices we strive to zealously represent our clients through all levels of the criminal process, Pre-trial, Trial, and Post-Conviction. We consistently represent our clients throughout the various courses of the Legal field, including Probation Violations.
Recently, our criminal defense team represented a Chester County resident facing 22 months of jail time from probation violations stemming from a guilty plea of 1 count, Theft by Unlawful Taking, and 1 count, Receiving Stolen Property, both Misdemeanors. After pleading guilty the court sentenced him to 23 months of probation. After serving only 1 month his probation office alleged he had violated his probation and sent him to jail.
Under 42 Pa.C.S.A. §9771, modification or revocation of order of probation, the Court may revoke an order of probation upon proof of violation of a specific condition of probation. Upon a hearing, the court can completely revoke your probation and confine you to serve out your sentence in prison, if they can prove you violated your probation. This makes a Probation Violation Hearing an important part of the litigation process, because it can deprive a person of the most import of his liberties: freedom. It is important to understand that under this statute something as simple as not reporting your new address can violate your probation and expose you to a lengthy prison sentence.
Our firm strives for the best outcome possible when our clients are facing potential jail time. When we were retained by our client he had already spent several weeks in jail on the Probation violation. Due to a clerical error by the Chester County Court system, the client was never scheduled for a hearing on his probation violation. We first endeavored to enforce our client’s right to have a hearing. This case was scheduled to be heard at the Chester County Judicial Center, 21 West Market Street, Suite 100, West Chester, PA 19382.
At the hearing, otherwise known as a Gagnon hearing, we diligently and vigorously represented the Client, resulting in his immediate release. After the hearing he was released and is scheduled to finish Probation on time and without further conditions.
At Ciccarelli Law Offices we strive for the best possible outcomes for our clients. We look forward to tackling difficult legal problems and helping our clients traverse their way through the potential minefield known as the judicial system. Don’t be caught in the legal system without representation, the court can make mistakes and without someone fighting for your rights, you could linger in jail.