Direct Violation in Bucks County: What You Should Know
If you’re on probation or parole in Bucks County and are arrested for a new crime, you may be facing a direct violation in Bucks County. These types of violations are far more serious than technical violations and can lead to detention, revocation of probation, and additional criminal penalties.
What Is a Direct Violation in Bucks County?
A direct violation occurs when:
- You are arrested or charged with a new criminal offense while under court supervision
- You are convicted of a new crime during your probation or parole period
This not only creates a new legal case but can also jeopardize your current probation or parole, even if the new charge has not yet resulted in a conviction.
In Bucks County Courts, your Adult Probation and Parole officer will typically file a violation report, triggering Gagnon I and Gagnon II hearings in the Court of Common Pleas.
Consequences of a Direct Violation
If you’re accused of a direct violation, you may face:
- Immediate detainment, often without bail
- A revocation hearing that could reinstate your original sentence
- Harsher supervision if continued probation is allowed
- Additional penalties if convicted of the new offense
In some cases, a direct violation can result in state prison time, especially if your original sentence was suspended or deferred.
Why Legal Help Is Essential
You should never attend a direct violation hearing without an experienced defense attorney. A Bucks County lawyer can:
- Argue for release while charges are pending
- Challenge whether the new arrest justifies a violation
- Present mitigating evidence (e.g., employment, family responsibilities)
- Negotiate with the probation officer and district attorney to preserve your supervision
The goal is to limit your exposure to jail time and keep your probation or parole intact whenever possible.
Direct Violation – Bucks County FAQ
❓ What makes a violation “direct” instead of technical?
A: A direct violation happens when you’re charged with a new crime, such as DUI, assault, or theft, while on probation or parole. This shows a potential breach of both your supervision and the law itself.
❓ Can I be jailed without bail for a direct violation?
A: Yes. In Bucks County, judges frequently hold individuals without bail if they commit a new offense while under supervision—especially for felonies or violent crimes.
❓What happens to my original sentence?
A: The court can revoke your probation or parole and reimpose the original sentence, meaning jail or prison time—regardless of whether you’re convicted of the new charge.
❓Do I have to be convicted of the new crime to violate probation?
A: No. Even being arrested or charged with a new offense may be enough to trigger a direct violation hearing. The burden of proof in these hearings is lower than in a criminal trial.
❓Will I go through two separate court processes?
A: Yes. You’ll have one case for the new criminal charge and a second for the violation of your probation/parole. The violation hearing may happen before your new case is resolved.