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Understanding Violations of Probation and Parole in Philadelphia
|Last Updated on: 6th December 2023, 02:44 pm
Navigating Probation and Parole in Philly: Common Violations and How to Avoid Them
Being on probation or parole can feel like walking a tightrope – one slip up and you could find yourself back behind bars. For folks in Philadelphia, it’s especially tricky to avoid violations with complicated, and sometimes contradictory, rules imposed by local courts and state agencies. But knowledge is power when it comes to preserving your freedom. This article breaks down the most common probation and parole pitfalls in Philly, and offers tips to help you steer clear.
What’s the Difference Between Probation and Parole?
First things first, probation and parole are not the same thing. Probation is a sentence imposed instead of jail or prison time. The judge gives you a set of rules to follow as you serve your probation term out in the community. Violate those rules and you could end up behind bars to serve the original sentence you avoided.
Parole, on the other hand, is early release from prison to finish out a sentence under supervision. Break parole and you’ll be sent back to prison to serve out the remainder of your sentence. The conditions are usually more rigid than probation.
Both probation and parole involve supervision by officers tasked with enforcing the rules and reporting violations. We’ll refer to both generally as “supervision” here.
The Most Common Supervision Violations
According to experts, these are the top ways folks on probation and parole slip up in Philadelphia:
Failed Drug Tests
Unlike most other states, Pennsylvania considers a failed drug test alone enough to put you in violation of supervision. Other states require additional evidence of drug possession or sales. PA has a “zero tolerance” stance. Just one positive drop can land you in jail.
Weed is unlikely to earn jail time unless it’s a frequent issue. But opioids, meth, coke or other “hard” drugs often mean revocation.
Defense Tip: Fight questionable lab results with the help of a medical expert. Errors happen.
Missed Meetings with Your Probation/Parole Officer
Some Philly residents commute over an hour each way to meet monthly with suburban county officers. Missing visits due to work conflicts, childcare issues, health problems or lack of car fare is common. But officers can seek revocation after a single no-show.
Defense Tip: Document ALL legitimate reasons for missed meetings. Judges may show leniency.
Failure to Keep Up With Supervision Payments
In Philadelphia, probation and parole isn’t free. A monthly fee plus the cost of drug testing can add up fast. Falling behind on payments violates supervision terms.
Defense Tip: Ask your officer for an ability-to-pay hearing. Bring evidence of income, expenses and dependents. Fees may be waived or lowered based on need.
Leaving the Area Without Permission
Philly folks on county probation must stay within city limits unless granted permission to leave temporarily. State parolees also need travel permits to go outside designated zones. Spontaneous trips put you at risk.
Defense Tip: File all out-of-town travel requests in writing well in advance, and save copies. Verified work or family reasons improve the chance of approval.
Associating with Other Criminal Offenders
Standard conditions forbid consorting with felons. But for city residents with roots in affected communities, unintended contact is hard to prevent. Just attending a neighborhood barbecue or family reunion could mean violation.
Defense Tip: Be selective about social functions. When contact occurs, leave immediately and file a written report with your officer.
Technical Violations Stack Up
Even minor slip-ups like missed curfews, late paperwork or unapproved computer use get noted over time. Too many tech violations in a year threaten revocation.
Defense Tip: Stay organized and communicate upcoming issues before they happen. Judges may see repeated tech issues as failure to reform.
Don’t Go It Alone – How An Attorney Can Help
Fighting probation and parole violations takes experience and skill. Philly revocation defense attorneys know how to challenge faulty drug tests, negotiate for treatment over jail time, and present evidence of mitigating circumstances. Their relationships with judges, supervisors and prosecutors can make all the difference.
If you receive notice of violations or pending revocation, consult an attorney immediately about defense options. Timelines are short, so swift action is key. For many clients, the right legal guidance is what stands between freedom and incarceration.
Take Control With These Pro Tips
- Get ALL supervision rules, requirements and restrictions in writing, and review them often
- Show up early for all meetings and drug tests
- Maintain detailed records of your whereabouts, compliance efforts, and extenuating circumstances
- Communicate frequently with your officer, especially about potential issues
- Have a lawyer review travel permits, fee reduction requests, and other petitions before submitting
- Fight any positive drug test result with confirmatory lab testing
- Document health conditions that could impair compliance
- Seek formal exceptions and waivers in writing rather than ignoring rules
- Ask your attorney to negotiate supervision term reductions for consistent compliance
Slip ups happen, but following expert guidance can help you protect your freedom while under supervision. For Philadelphians, the stakes are high – get informed, stay organized, and don’t go it alone.
I hope this overview gives you a better grasp of the local landscape. The rules are complex, but with smart defense strategies, continuing your life in the community is very possible. Here are some great local resources to help you avoid missteps:
Philadelphia Lawyers for Social Justice
Pennsylvania Institutional Law Project
Philadelphia Bail Watch
Stay strong, know your rights, and don’t hesitate to ask for help. Even when the system seems stacked against you, there are people in your corner. You got this!