Understanding Probation and Parole Rules in Philadelphia

Understanding Probation and Parole Rules in Philadelphia

If you or a loved one have been convicted of a crime in Philadelphia, you may be sentenced to probation or parole. Both allow you to serve your sentence in the community rather than in jail or prison. However, they come with strict rules you must follow or else face penalties like incarceration. This article will explain probation and parole, the rules, and how an attorney can help if you face violations in Philadelphia.

What is Probation?

Probation is a sentencing alternative where instead of jail time, the judge allows you to serve your sentence in the community under supervision. You have to follow rules set by the judge and meet with a probation officer regularly. If you complete probation successfully, you avoid incarceration. However, if you violate the rules, the judge can revoke probation and re-sentence you to jail or more probation[1].

In Pennsylvania, judges can give consecutive probation sentences for multiple convictions. So if convicted of two misdemeanors with 5-year maximums, you could get 10 years probation. This is much longer than most states allow[3].

What is Parole?

Parole allows you to serve part of your sentence outside of prison. First you serve time in prison, then get released early under parole supervision. Parole has strict rules and you must report to a parole officer. If you violate parole, you go back to prison[1].

There is no automatic right to parole in PA. The Parole Board reviews inmates for parole at least 4 months before their minimum sentence date. The Board has discretion whether to grant parole[2].

Probation and Parole Rules in Philadelphia

Both probation and parole come with strict rules you must follow. Common conditions in Philadelphia include[4][5]:

• Meet with your probation/parole officer as required
• Obey all laws and report any new arrests
• No firearm possession
• No travel outside PA without permission
• No drug/alcohol use unless prescribed
• Random drug/alcohol testing
• Maintain employment
• Pay all fines, fees, costs, and restitution
• Allow warrantless searches by your probation/parole officer

These rules restrict your freedoms and make life very different compared to someone not on probation or parole. The conditions aim to rehabilitate offenders and protect public safety. But they can be challenging, especially for those struggling with addiction or mental illness.

Violating Probation or Parole in Philadelphia

It’s critical to avoid violating your probation or parole. There are two types of violations[2]:

• Technical violations – breaking the rules of your supervision like failed drug tests, missed meetings with your officer, or travel without permission.
• New crimes – getting arrested for or convicted of a new offense.

For technical violations, your probation or parole could just be extended. But judges and the Parole Board can also incarcerate you for months or years[3]. Any street time won’t count against your sentence. For new crimes, you’ll likely serve the remainder of your existing sentence in prison plus any new jail time[2].

It’s crucial to get an attorney right away if you face violations. They can argue for alternatives to incarceration like treatment programs or GPS monitoring instead of jail. An attorney can also negotiate with your probation officer, who may show leniency like a verbal warning instead of violation proceedings[4].

How a Criminal Defense Attorney Can Help

A skilled criminal defense attorney can assist with probation and parole in Philadelphia in several key ways:

• Fight for probation instead of jail time during sentencing
• Argue for early parole at your minimum sentence date
• Advocate for the least restrictive probation/parole terms
• Renegotiate conditions if they are too difficult to meet
• Intervene if facing violations to avoid incarceration
• Expunge your record after successful completion

Having an attorney in your corner can mean the difference between serving your sentence behind bars versus at home with your family. Do not take chances with your freedom. Consult with a criminal defense lawyer right away if you face probation, parole, or violations in Philadelphia.

References

[1] First Judicial District of Pennsylvania Philadelphia Adult Probation & Parole Department FAQ

[2] Pennsylvania Probation and Parole FAQ – Lento Law Firm

[3] Probation and Parole in PA Overview – ACLU Pennsylvania

[4] Difference Between Probation and Parole in PA

[5] Pennsylvania Parole Handbook

[6] Allegheny County Probation Rules