An arrest that occurs while you are on probation in Pennsylvania can have immediate and serious consequences, potentially affecting both the new criminal case and your existing probation sentence.

Consequences of a New Arrest While on Probation

If someone on probation is arrested and charged with a new criminal offense, probation authorities will often treat the arrest as a probation violation. In many cases, the probation department or prosecutor may request a detainer. A detainer can prevent release from custody while the new charges are pending, even if bail is set or posted on the new case.

Consequences of the New Arrest Resulting in a Conviction

If the new criminal charge ultimately results in a conviction, the court may impose separate penalties. This can include a sentence for the new offense as well as an additional sentence for violating probation in the prior case. As a result, a conviction while on probation can significantly increase overall sentencing exposure.

Probation-Related Consequences

Probation-related consequences do not always require a final outcome in the new criminal case. Depending on the circumstances, courts and probation departments may take action based on the arrest or charges alone. Each situation is evaluated individually, with factors such as the nature of the new charges, prior criminal history, and compliance with probation conditions playing a key role.

If you have been arrested while on probation, it is critical to consult with a defense attorney as soon as possible. Attorney Michael Kotik of SKA Law Group can review your situation, explain potential consequences, and help develop a strategy aimed at protecting your rights and minimizing additional penalties.

FAQ: Arrested While on Probation in Pennsylvania

What happens after an arrest if I’m on probation in Pennsylvania?

An arrest can trigger probation violation proceedings, which may result in additional court hearings and possible custody while the new case is pending.

Can I be held in jail even if bail is granted on the new charge?

Yes. A detainer may be issued by probation or the prosecutor, which can prevent release even if bail is posted.

Do I need to be convicted of the new charge to violate probation?

Not always. In some cases, probation-related action may occur before the new criminal case is resolved.

What penalties can result from a conviction while on probation?

A conviction can lead to a sentence for the new offense and a separate sentence for violating probation, increasing overall penalties.

Does every arrest automatically result in a probation violation?

No. Each case is fact-specific and depends on factors such as the seriousness of the new charges and compliance with probation conditions.

Why is it important to speak with a lawyer after an arrest while on probation?

A defense attorney can evaluate your exposure, address potential probation violations, and help protect your rights in both matters.