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In today’s world of computerization, criminal background checks are frequently a prerequisite to employment or state licensing. In many circumstances it is possible to obtain expungement orders to erase any prior involvement with the criminal justice system.

Whenever a person is arrested, or charged with a crime, a “record” is created of this event. In most cases, fingerprints and photographs are taken and these are distributed to the numerous law enforcement agencies throughout the country. For example, a person arrested in Philadelphia would have his fingerprints, photographs and other identifying information distributed to the FBI, the Pennsylvania State Police, the Philadelphia Court System, the Philadelphia Police and the Computerized Data Processing Center for the Court System. These records exist even if the charges are dismissed or if a person is found not guilty following a trial. Expungement is the process of obtaining a court order that directs the law enforcement agencies to destroy these records.

A person convicted of a crime and placed on parole, probation, or supervised release has certain duties and obligations that must be followed as part of their sentence. Many judges will require periodic reporting, confinement to a specific geographic area, payment of fines or costs, and other conditions. Violations of parole or probation can result in severe consequences.

The consequences associated with these violations usually depend on a variety of factors, such as the nature and seriousness of the violation, whether one has any prior violations, and whether there are other circumstances that may lessen (or worsen) the severity of the situation. A probation violation may result in heavy fines, extended probation, jail time, or more.

How Probation/Parole Is Violated

Probation/Parole may be violated in many different ways. Circumstances that may lead to a probation violation include:

• Not appearing during a scheduled court appearance on a set date and time;
• Not reporting to your probation officer at the scheduled time or place;
• Not paying any required fines or restitution (to victims) as ordered by a court;
• Visiting certain people or places, or traveling out of state without the permission of your probation officer;
• Possessing, using, or selling illegal drugs;
• Committing other crimes or offenses; and
• Getting arrested for another offense.

When Probation/Parole Is Violated — What Happens Next?

Warning or Request to Appear in Court

There is no set rule as to what happens immediately after a probation violation is reported. Probation officers have broad discretion to issue a warning, or require you to appear in court for a probation violation hearing. In deciding, a probation officer may consider the severity and type of condition violated, past probation violations or warnings, and other considerations. If you are requested to appear in court, the probation officer may request some form of penalty, which may potentially include jail time.

Determination of Probation Violation

During a probation hearing, a judge will hear your case to consider whether you violated any terms or conditions of your probation. The prosecuting attorney will need to prove a violation occurred by a “preponderance of the evidence” standard. Factors a judge might consider include the nature, type, and seriousness of the violation claimed, as well as a history of prior probation violations and other aggravating or mitigating circumstances.

Sentencing

If you are found guilty of probation violation, sentencing will occur shortly after the probation hearing, at which time the court may extend your probation, impose additional probation terms, order you serve time in jail, or revoke your probation altogether and require you to serve out any remaining time of your original sentence in prison. Factors a judge may consider in determining your sentence may include the nature and manner of the offense and whether the offender was a “first-time” or “repeat” offender, among others considerations.

In federal court, there are two types of post-conviction supervision: probation, and supervised release. Probation is imposed in lieu of prison time, and carries certain reporting and other obligations. Supervised release follows prison time, and usually carries the same reporting and other obligations. Individuals who violate either their probation, or their supervised release, must appear in court, answer the violation charges, and are at risk of serving a jail or prison sentence if the supervision is revoked.

As with any probation sentence or term of supervised release, an individual’s every move will be scrutinized. The opportunity in the course of everyday life for a pitfall resulting in a violation of probation or violation of supervised release charge is ever present. When a violation is alleged, there are options to overcome or mitigate such an allegation with an experienced criminal defense lawyer. Depending on the classification of the violation, a Federal violation of supervised release may or may not result in a return to prison.

A Federal violation of probation or Federal Violation of Supervised release occurs when one on such status commits a new crime or technically violates a term of probation or supervised release. As with any criminal offense, the sentencing potential is directly related to the severity of the violation. The severity levels are broken up into the different classifications:

• Grade A Violations — conduct constituting (A) a federal, state, or local offense punishable by a term of imprisonment exceeding one year that (i) is a crime of violence, (ii) is a controlled substance offense, or (iii) involves possession of a firearm or destructive device of a type described in 26 U.S.C. § 5845(a); or (B) any other federal, state, or local offense punishable by a term of imprisonment exceeding twenty years;
• Grade B Violations — conduct constituting any other federal, state, or local offense punishable by a term of imprisonment exceeding one year;
• Grade C Violations — conduct constituting (A) a federal, state, or local offense punishable by a term of imprisonment of one year or less; or (B) a violation of any other condition of supervision.

At the Law Offices of Neff & Sedacca, many of our clients are licensed professionals who face criminal charges that will impact these licenses, such as professional license suspension. Judges, lawyers, doctors, dentists and teachers are but a few examples of the many professionals represented by this office. In addition to criminal penalties, these professionals must consider the impact of the charges upon their professional standing and certification.

Even a minor criminal infraction can result in the revocation or denial of a professional license. Many years of training in one’s chosen profession are at risk in almost every criminal prosecution.

At Neff & Sedacca, we are experienced in dealing with the issues of professional license suspension and revocation or denial. Our expertise has prevented many professionals from losing the credentials that they worked so diligently to obtain. If you are a licensed professional, and you may be charged with a criminal offense, you owe it to yourself and your family to consult with an attorney who is experienced in these matters.