Will I get jail time for first-time probation violation?

Q: I was in subway with friend and they got into a fight. I was pulled in middle of situation but, didn’t have anything to do with me. We both were arrested. Now I go to court. I didn’t start anything just defended myself. (Castle Shannon, PA)

A: You need to inform your probation officer. Normally, he or she will wait until the preliminary hearing and see if your case is held for court or not, before he or she will file for a violation. Your goal is to get your case dismissed or at the most pleaded down to a summary conviction at the preliminary hearing. If it is dismissed, you may not face a probation violation. If you end up pleading to, or being found guilty of, a summary Disorderly Conduct, the PO may or may not file for a violation given that a summary conviction on probation is considered a technical violation of probation. I would get a lawyer for the preliminary hearing. A lot of times, victims in these situations do not show for court.

If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.