Being arrested while on probation in Pennsylvania is a serious matter and can significantly impact both your pending case and your existing probation sentence.

Direct Violation of Probation

If you are arrested and charged with a new criminal offense while on probation, it is highly likely that probation authorities will initiate a direct violation of probation. In many cases, the prosecutor’s office or probation department may file a detainer, which can result in you being held in custody pending the outcome of the new criminal case—even if bail is granted on the new charge.

What Happens if You Are Convicted of the New Offense?

If you are ultimately convicted of the new offense, the court may impose separate penalties: one sentence for the new conviction and an additional sentence for violating the original probation. In other words, a conviction while on probation can expose you to punishment on both the new case and the prior case for which you were already serving probation.

Even if the new case has not yet been resolved, the mere fact of being charged can trigger probation consequences, depending on the circumstances and the discretion of the court and probation department. Each situation is highly fact-specific, and outcomes can vary based on the nature of the new charges, your prior record, and your compliance with probation conditions.

Arrested While on Probation in Pennsylvania?

If you have been arrested while on probation, it is critical to speak with a defense attorney immediately. Attorney Michael Kotik of SKA Law Group can review your situation, assess your exposure, and develop a strategy to protect your rights and minimize potential consequences.

FAQ: Arrested While on Probation in Pennsylvania

What happens if you’re arrested while on probation in Pennsylvania?

An arrest while on probation may trigger a probation violation process. In many cases, probation authorities can initiate a direct violation of probation and you may face additional restrictions or custody while the new case is pending.

Can you be held in jail even if you get bail on the new charge?

Yes. A detainer may be lodged by probation or the prosecutor, which can result in continued custody even if bail is granted on the new criminal charge.

Do you have to be convicted of the new charge for a probation violation to occur?

Not always. Depending on the circumstances, probation consequences can be triggered before the new case is resolved. Outcomes vary based on the alleged conduct, the judge, and probation department discretion.

What happens if you are convicted of the new offense while on probation?

If you’re convicted, the court may impose a sentence for the new conviction and an additional sentence for violating probation—meaning you can face punishment in both the new case and the original case.

Can a probation violation increase your total exposure to jail or prison time?

Yes. A violation can significantly increase your exposure because the court may re-sentence you on the underlying case in addition to any penalties for the new offense.

What should you do if you’re arrested while on probation in Pennsylvania?

You should contact a defense attorney immediately. Early legal guidance can help you address the detainer/violation process and protect your rights in the new case.