Pennsylvania Probation Violations: What Happens at a Detainer Hearing

If you're on probation in Pennsylvania and you've been arrested or accused of violating your probation conditions, you may be held on a probation detainer until a violation hearing. A detainer means you cannot be released on bail for the new charges until the probation violation is resolved—you're essentially held in custody while awaiting a hearing that could result in additional jail time, extended probation, or other penalties.

Attorney Brian F. Humble has represented clients at probation and parole detainer hearings throughout all 67 Pennsylvania counties for over 25 years. He understands the stakes: a probation violation can mean losing your freedom even if you're ultimately acquitted of new charges. This guide explains what probation violations are, how detainer hearings work in Pennsylvania, and how an experienced attorney can help you fight to maintain your freedom.

What Is a Probation Violation in Pennsylvania?

A probation violation occurs when you allegedly break the rules or conditions of your probation. Pennsylvania recognizes two types of violations:

Technical Violations

What they are:

• Breaking a probation rule that isn't a new criminal offense

• Failing to comply with conditions imposed by the court

Common technical violations:

• Missing meetings with your probation officer

• Failing drug or alcohol tests

• Not completing required programs (anger management, substance abuse treatment)

• Violating curfew or travel restrictions

• Failing to pay fines, costs, or restitution

• Not maintaining employment or education requirements

• Having contact with people you're ordered to avoid

• Failing to report address changes

Important: Technical violations don't involve new criminal conduct, but they can still result in jail time and revocation of probation.

Direct Violations (New Criminal Charges)

What they are:

• Being arrested for or convicted of a new criminal offense while on probation

• Committing any crime during your probationary period

How they work:

• Your probation officer files a violation based on the new arrest

• You may be held on a probation detainer even if you post bail for the new charges

• The violation can proceed even if you're not convicted of the new offense

• You can face probation revocation based on the new conduct alone

Critical point: You don't have to be convicted of the new charges to violate probation. The standard of proof at a probation violation hearing is lower than at a criminal trial, meaning your probation can be revoked even if you're acquitted of or never charged with the new offense.

What Is a Probation Detainer in Pennsylvania?

A probation detainer (also called a "probation hold" or "violation detainer") is an order that prevents your release from custody while a probation violation is pending:

How it works:

• You're arrested for a new offense or accused of a technical violation

• Your probation officer files a violation report with the court

• The court issues a detainer, holding you without bail

• You remain in custody until the probation violation hearing

Why detainers are serious:

• You cannot post bail on the new charges while the detainer is active

• You may sit in jail for weeks or months waiting for a hearing

• Time spent in custody doesn't always count toward your sentence

• You lose employment, housing, and family stability

• The pressure to accept unfavorable plea deals increases

Pennsylvania scope: Detainers can be issued by any county where you're on probation, and you can be held in any Pennsylvania county jail until the violation is resolved. Attorney Brian F. Humble handles detainer cases throughout all 67 Pennsylvania counties, ensuring you have experienced representation regardless of where you're being held. [link to: www.bhumblelaw.com/probation-parole]

What Happens at a Pennsylvania Probation Violation Hearing?

The probation violation hearing (also called a "Gagnon II hearing") determines whether you violated probation and what consequences you'll face:

Before the Hearing

Your rights:

• Right to written notice of the alleged violations

• Right to an attorney (you can request a public defender if you can't afford one)

• Right to review the evidence against you

• Right to request a preliminary hearing (Gagnon I) within 14 days if you're in custody

What your attorney does:

• Reviews the violation report and supporting evidence

• Investigates the circumstances of the alleged violation

• Interviews witnesses who can support your defense

• Identifies procedural errors or constitutional violations

• Develops a strategy for the hearing

During the Hearing

The process:

1. Prosecution presents evidence - Usually testimony from your probation officer and other witnesses

2. You can present evidence - Your attorney cross-examines witnesses and presents your defense

3. Judge makes findings - Determines whether you violated probation

4. Sentencing (if violation found) - Judge decides the consequences

Key differences from criminal trials:

• Lower burden of proof - Prosecution must prove violation by "preponderance of the evidence" (more likely than not) rather than "beyond a reasonable doubt"

• No jury - The judge decides both guilt and sentencing

• Hearsay allowed - The strict rules of evidence don't fully apply

• No right to remain silent - Though you can choose not to testify, it may be used against you

Possible outcomes:

• Violation not found - You're released and continue on probation

• Violation found, probation continued - Warning or modified conditions

• Violation found, probation extended - Additional time added to probation period

• Violation found, intermediate punishment - House arrest, increased supervision, treatment programs

• Violation found, probation revoked - Sentenced to jail or prison for the original offense

Sentencing Options

If the judge finds you violated probation, Pennsylvania law provides several sentencing options:

Least restrictive:

• Verbal reprimand and continue probation unchanged

• Modified conditions (stricter rules, more frequent reporting)

• Extended probation period

Moderate:

• Short jail sentence (days or weeks) followed by reinstatement to probation

• House arrest or electronic monitoring

• Inpatient treatment programs

Most severe:

• Full revocation of probation

• Imposition of the original sentence that was suspended

• Prison time for the original offense

The judge considers factors including the nature of the violation, your compliance history, the severity of the original offense, and whether you pose a risk to public safety.

Common Defenses to Probation Violations in Pennsylvania

An experienced probation violation attorney can raise several defenses:

You Didn't Violate the Conditions

Challenge the facts:

• You did attend meetings (attendance records were wrong)

• You did complete programs (documentation proves compliance)

• The drug test was a false positive (medical explanation or lab error)

• You had permission for the conduct (probation officer approved it)

Your attorney presents evidence contradicting the violation allegations and cross-examines the probation officer to expose inconsistencies or errors.

The Violation Was Unintentional or Unavoidable

Showing lack of willfulness:

• You missed meetings due to medical emergencies

• Transportation issues prevented compliance

• You didn't receive proper notice of requirements

• Circumstances beyond your control caused the violation

Pennsylvania courts recognize that not all violations warrant revocation, especially when they result from circumstances outside your control rather than willful defiance.

The Conditions Were Unclear or Unreasonable

Challenging the conditions:

• You weren't properly informed of specific requirements

• The conditions were impossible to satisfy

• The conditions violate your constitutional rights

• Probation officer gave conflicting instructions

If conditions were ambiguous or unreasonable, your attorney can argue you shouldn't be punished for violating them.

Procedural Violations

Due process challenges:

• You weren't given timely notice of the hearing

• Evidence was obtained through illegal searches

• Your probation officer failed to follow proper procedures

• The court didn't provide required warnings

Due process violations can result in dismissal of the violation or exclusion of evidence.

The New Charges Are Unfounded

For direct violations based on new arrests:

• The new charges lack merit and will be dismissed

• Evidence proves you're innocent of the new offense

• The arrest was unlawful or based on mistaken identity

Even though the burden of proof is lower at violation hearings, showing that new charges are baseless strengthens your defense.

Attorney Brian F. Humble's 25+ years of experience defending probation violation cases means he knows which defenses work in Pennsylvania courts and how to present them effectively. [link to: www.bhumblelaw.com/criminal-defense]

How a Probation Violation Attorney Can Help

Hiring an experienced attorney for your probation violation hearing can make the difference between freedom and incarceration:

Immediate Action

Your attorney can:

• File motions to lift the detainer and secure your release

• Request a speedy hearing to minimize time in custody

• Negotiate with your probation officer for withdrawal of the violation

• Arrange for bond on the underlying new charges once the detainer is resolved

Time matters. The sooner you have representation, the sooner your attorney can work to secure your release.

Investigation and Defense Preparation

Building your defense:

• Obtain documentation proving compliance (attendance records, completion certificates, employment verification)

• Interview witnesses who can testify on your behalf

• Gather medical records or other evidence explaining violations

• Review probation officer reports for errors or inconsistencies

• Consult with experts (treatment providers, testing labs) when necessary

Negotiation with Probation Officers

Many violations can be resolved through negotiation:

• Your attorney communicates with your probation officer

• Presents mitigating circumstances and evidence of compliance

• Proposes alternatives to revocation (increased supervision, treatment)

• Advocates for withdrawal of the violation

Probation officers have discretion to withdraw violations if they're satisfied you'll comply going forward. An attorney who understands this system can often negotiate favorable resolutions without a hearing.

Representation at Hearings

At the violation hearing:

• Cross-examines the probation officer and other witnesses

• Objects to improper evidence and procedural violations

• Presents your evidence and witnesses

• Argues for the least restrictive outcome

• Advocates for specific conditions or programs rather than incarceration

At sentencing (if violation found):

• Presents mitigation evidence (employment, family support, treatment progress)

• Argues for reinstatement of probation with modified conditions

• Advocates against revocation and incarceration

• Proposes alternatives like treatment programs or house arrest

Protecting Your Rights in Related Cases

If you have new criminal charges:

• Your attorney can defend both the new charges and the probation violation

• Strategy in one case affects the other—they must be coordinated

• Resolving the new charges favorably strengthens your violation defense

Attorney Brian F. Humble's expertise in both criminal defense and probation violations means he can handle all aspects of your case strategically. [link to: www.bhumblelaw.com/about-us]

Pennsylvania Parole Violations: Similar but Different

Parole violations work similarly to probation violations but with some key differences:

What Is Parole?

Parole vs. Probation:

• Probation - Alternative to incarceration; imposed instead of jail/prison

• Parole - Early release from prison with supervision; serves remainder of sentence in community

Parole Violation Process

How it works:

• Supervised by the Pennsylvania Board of Probation and Parole

• Violations reported by parole agents

• Parole board (not a judge) decides whether violation occurred

• Can result in return to prison to serve the remainder of original sentence

Key differences from probation:

• Parole board rather than judge makes decisions

• Different procedural rules and timelines

• State-level rather than county-level system

• Often harsher consequences (returning to prison rather than jail)

Parole Detainers

When issued:

• New arrest while on parole

• Technical violations (missed meetings, failed tests, absconding)

• Prevents release even if you post bail on new charges

Pennsylvania parole detainers are notoriously difficult to lift, but an experienced attorney can challenge them through habeas corpus petitions and negotiate with the parole board for release.

Attorney Brian F. Humble represents clients at both probation violation hearings and parole violation hearings throughout Pennsylvania. His statewide practice means he can help you regardless of which county issued your detainer or where you're being held. [link to: www.bhumblelaw.com/practice-areas]

What to Do If You're Facing a Probation Violation in Pennsylvania

If you've been accused of violating probation or you're held on a detainer, take these steps immediately:

Contact an Attorney Right Away

Why immediate representation matters:

• Your attorney can work to lift the detainer and secure your release

• Early negotiation with probation officers can resolve violations without hearings

• Building your defense takes time—evidence and witnesses must be gathered

• Procedural deadlines require prompt action

Call BHumble Law at (215) 600-1218 for a free consultation. Attorney Brian F. Humble responds quickly to clients in custody and begins working on your case immediately. [link to: www.bhumblelaw.com/contact]

Document Everything

Gather evidence supporting your compliance:

• Attendance sheets from meetings or programs

• Completion certificates

• Employment records and pay stubs

• Medical records explaining missed appointments

• Communication with your probation officer

• Any documentation showing you followed the rules

Be Honest with Your Attorney

Tell your attorney:

• The complete truth about the alleged violation

• Your full probation history and prior violations

• Any circumstances that explain the violation

• What you've done to address the issue

Your attorney cannot help if they don't know the full picture. Attorney-client privilege protects your communications—honesty helps build the strongest defense.

Follow All Probation Conditions Going Forward

Show the court you're committed:

• Attend all meetings with your probation officer

• Complete programs and treatment

• Pass drug tests

• Comply with all conditions perfectly

Demonstrating current compliance shows the court that revocation isn't necessary—you can successfully complete probation with continued supervision.

Don't Contact the Probation Officer Without Your Attorney

Why:

• Statements you make can be used against you at the hearing

• You might unintentionally admit to violations

• Your attorney should handle communications strategically

Let your attorney communicate with your probation officer on your behalf. This protects your rights and ensures your defense isn't compromised.

How BHumble Law Handles Pennsylvania Probation Violation Cases

When you hire Attorney Brian F. Humble for your probation violation case, you get:

Immediate Response:

• Quick action to secure your release from custody when possible

• Filing motions to lift detainers

• Requesting speedy hearings to minimize jail time

• Communicating with probation officers to explore negotiated resolutions

Statewide Representation:

• Cases handled in all 67 Pennsylvania counties

• Familiarity with local probation offices and courts throughout the state

• Willingness to travel to wherever you're being held

• Experience with both county probation and state parole systems

Strategic Defense:

• Thorough investigation of the alleged violations

• Gathering evidence proving compliance or explaining violations

• Cross-examining probation officers and challenging weak evidence

• Presenting mitigation evidence to avoid revocation

• Coordinating defense of probation violations with related criminal charges

Personalized Attention:

• Direct communication with Attorney Brian F. Humble

• Regular updates on your case status

• Honest assessment of your options and likely outcomes

• Support through a stressful process that threatens your freedom

Experienced Advocacy:

• Over 25 years defending probation and parole violation cases

• Understanding of what judges and probation officers respond to

• Proven track record of successful outcomes for clients

• "Courage for Justice" approach that fights for your freedom

Brian understands that a probation violation isn't just a legal problem—it threatens your job, your housing, your family stability, and your future. He fights to protect your freedom and help you move forward with your life. [link to: www.bhumblelaw.com/client-reviews]

Frequently Asked Questions

How long can I be held on a probation detainer in Pennsylvania?

There's no specific maximum, but you're entitled to a hearing within a reasonable time. If you're in custody, you should receive a preliminary hearing (Gagnon I) within 14 days and a final hearing (Gagnon II) soon after. However, delays are common, and you might be held for weeks or months. An attorney can push for a speedy hearing and file motions to challenge unreasonable delays.

Can I bail out if I have a probation detainer?

Generally, no. The probation detainer prevents your release even if you post bail on new charges. However, your attorney can file motions to lift the detainer, and in some circumstances judges will release you on bail despite the detainer. This is why experienced representation is crucial—Attorney Brian F. Humble knows how to advocate for your release.

What happens if I'm found guilty of the new charges but not the probation violation?

The two proceedings are separate. You can be convicted of new charges but have the probation violation dismissed if the judge finds the violation wasn't proven by a preponderance of evidence. However, in practice, being convicted of new charges usually results in a probation violation finding since the new conviction demonstrates you broke the law while on probation.

Can I get probation back if it's revoked?

Not typically. Once probation is revoked and you're sentenced to serve your original sentence, probation is terminated. However, if your attorney successfully argues against revocation at the hearing, the judge can continue your probation with modified conditions rather than revoking it entirely. This is why the violation hearing is so critical.

Do I need a lawyer for a technical violation hearing?

Absolutely. Even technical violations can result in jail time and probation revocation. The hearing involves complex legal procedures, and you're up against a probation officer who knows the system and may have a prosecutor assisting them. Without an attorney, you're at a severe disadvantage. Public defenders are available if you can't afford private counsel.

What if my probation officer is being unreasonable?

An attorney can help. Sometimes probation officers file violations that aren't justified or refuse to withdraw violations despite reasonable explanations. Your attorney can present evidence of your compliance, challenge the probation officer's credibility, and argue that the conditions were unclear or impossible to meet. If the probation officer has a pattern of unreasonable behavior, your attorney can raise this issue with the court.

Can I be violated for something that happened before I was on probation?

Generally, no. Probation violations must occur during your probationary period. However, if you concealed prior conduct (like failing to disclose a pending charge), the court might consider that a violation. Additionally, if you were charged with an offense that occurred before probation but weren't arrested until after probation began, that can still constitute a violation.

Will time spent in jail on a detainer count toward my sentence?

It depends. If your probation is revoked and you're sentenced, time spent in custody on the detainer may count as credit toward your sentence. However, this isn't automatic—your attorney must request credit, and courts don't always grant it. This is another reason why fighting the violation is so important.

For more general questions about BHumble Law's services and consultation process, visit our [FAQ page]. [link to: www.bhumblelaw.com/faq]

Protect Your Freedom: Fight Your Pennsylvania Probation Violation

A probation violation threatens everything you've worked for: your freedom, your job, your family stability, and your future. Being held on a detainer means sitting in jail, unable to work or care for your family, while waiting for a hearing that could result in months or years of additional incarceration. You cannot afford to face this alone or without experienced legal representation.

Attorney Brian F. Humble has defended probation and parole violation cases throughout all 67 Pennsylvania counties for over 25 years. He understands Pennsylvania's probation system, knows how to negotiate with probation officers, and fights tirelessly at violation hearings to protect your freedom. His "Courage for Justice" approach recognizes that loss of freedom is a civil rights violation—your liberty is worth fighting for, and Brian has the experience and dedication to stand by your side.

Whether you're facing a technical violation or new criminal charges, whether you're held in Philadelphia or anywhere else in Pennsylvania, BHumble Law can help. Don't wait while time passes and opportunities disappear. Call BHumble Law at (215) 600-1218) today for a free consultation. Your freedom, your family, and your future are too important to leave to chance—get the experienced representation you deserve.

Legal Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every case is unique. For guidance on your specific situation, contact BHumble Law at (215) 600-1218 for a free consultation.