In Montgomery County, being arrested while you are on probation can carry serious consequences and may impact both the new criminal charges and your existing probation sentence under Pennsylvania law.
What is a Detainer?
When a person on probation in Montgomery County is arrested and charged with a new criminal offense, probation authorities commonly treat the arrest as a direct probation violation. In many cases, the probation department or the prosecutor’s office may file a detainer. A detainer can prevent release from custody while the new criminal case is pending, even if bail is granted on the new charge.
What Happens if the New Case Results in a Conviction?
If the new criminal case results in a conviction, the court may impose separate penalties. This can include one sentence for the new offense and an additional sentence for violating probation in the original case. As a result, a conviction while on probation can significantly increase total sentencing exposure.
Probation-related consequences can also arise before the new criminal case is resolved. Depending on the circumstances, Montgomery County courts and probation officials have discretion to act based on the arrest or pending charges alone. Each situation is evaluated individually, taking into account factors such as the seriousness of the new charges, prior criminal history, and compliance with probation conditions.
If you have been arrested while on probation in Montgomery County, it is important to speak with a defense attorney as soon as possible. Attorney William Weiss can review your situation, explain potential outcomes, and develop a strategy focused on protecting your rights and limiting additional penalties.
FAQ: Arrest While on Probation in Montgomery County, PA
What happens if I’m arrested while on probation in Montgomery County?
An arrest may trigger probation violation proceedings, which can result in additional court hearings and possible custody while the new case is pending.
Can I remain in custody 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 have to be convicted of the new charge to face probation consequences?
Not necessarily. In some cases, probation-related action may occur before the new criminal case is resolved, depending on the circumstances and court discretion.
What happens if I’m convicted of a new offense while on probation?
The court may impose a sentence for the new conviction and a separate sentence for violating probation, increasing overall penalties.
Are probation violation outcomes the same in every Montgomery County case?
No. Outcomes vary based on the nature of the new charges, prior criminal history, and compliance with probation terms.
Why should I contact a lawyer if I’m arrested while on probation in Montgomery County?
A defense attorney can assess your exposure, address potential probation violations, and help protect your rights in both the new case and the probation matter.