Probation Violation Hearings in Pennsylvania

Last updated October 4, 2026.

Being told you violated probation can feel like the case is starting over, and in a sense the judge does get a second look at the sentence. But a violation hearing has its own rules, and recent changes to Pennsylvania law put real limits on what a judge can do for a violation that is not a new crime. This page explains how the process works and where it happens in Lawrence County. My general approach to criminal cases is on the main criminal defense page.

How does a violation case move in Lawrence County?

Most violation cases follow the same path:

The alleged violation. It starts with a report from the probation officer or a new arrest. The county's Adult Probation FAQ says Pennsylvania law gives probation and parole officers the powers of peace officers, including the authority to arrest a person under supervision for a violation, with or without a warrant.
Probable cause, if you are held. The comment to Pa.R.Crim.P. 708 explains that an earlier step, known as the Gagnon I hearing, deals with probable cause. A person held on a new charge also faces the bail questions covered in how bail is set after an arrest in Lawrence County.
The written request. The revocation case begins with a written request for revocation filed with the Clerk of Courts (Rule 708(A)).
The hearing. The Gagnon II hearing is held in the Court of Common Pleas, at the Courthouse described in what to expect at the Lawrence County Courthouse, "as speedily as possible," with you present and represented by counsel (708(B)(1)).
The finding and the decision. The judge must make a finding of record that you violated a condition (708(B)(2)), then choose among the options in 42 Pa.C.S. 9771(b).
Sentence and deadlines. If the judge resentences, the 10-day motion and 30-day appeal clocks start that day (708(E)).

What has to happen before probation can be revoked?

The judge may not revoke probation "unless there has been" a hearing "held as speedily as possible at which the defendant is present and represented by counsel," and a finding of record that the defendant violated a condition (Rule 708(B)). The rule's official comment adds two points people often miss: the judge may not revoke on an arrest alone, and the judge does not have to wait for new charges to be decided before holding the hearing. The comment also explains that Rule 708 covers the Gagnon II hearing, named for the Supreme Court of the United States decision in Gagnon v. Scarpelli (1973).

The statute adds its own hearing requirement: there is no revocation or increase in conditions "except after a hearing at which the court shall consider the record of the sentencing proceeding together with evidence of the conduct of the defendant while on probation" (42 Pa.C.S. 9771(d)).

What is a technical violation, and why does it matter?

A technical violation is a breach of the terms of probation other than a new crime that ends in a conviction (42 Pa.C.S. 9774.1(k)). Missing an appointment, failing a drug test or not finishing a program are common examples. The difference matters because of Act 44 of 2023, signed on December 14, 2023 and effective 180 days later, which rewrote section 9771:

Jail after revocation under 42 Pa.C.S. 9771(c)
Situation	What the court may do
Convicted of a new crime	Total confinement is allowed
Technical violation that is an identifiable threat to public safety, proven by clear and convincing evidence, with no safe less restrictive option	Total confinement is allowed, within the caps below
Technical violation that was sexual, assaultive or threatening, involved a firearm or dangerous weapon, involved drug dealing, absconding, or three or more intentional failures to follow programming	Total confinement is allowed, within the caps below (some require that no safe less restrictive option exists)
Any other technical violation	No total confinement; the statute presumes against it
First technical violation leading to confinement	Up to 14 days
Second technical violation	Up to 30 days
Third or later technical violation	Any sentence that was available at the original sentencing

The caps can be extended by up to 30 days if that time is needed for an evaluation for, or participation in, court-ordered drug, alcohol or mental health treatment or a treatment court (9771(c)(2)(iv)). When the court confines someone for a technical violation, it must consider the person's employment status (9771(c)(2)).

Money is treated separately. The court may not extend probation, impose a sanction or revoke probation solely for not paying fines or costs, unless it finds the person was able to pay the fines and willfully refused (9771(b.1)).

What can the judge do instead of revoking?

Under section 9771(b), on proof that a specified condition was violated, the court may increase the conditions of probation, impose a brief sanction, or revoke. A brief sanction comes from section 9771.1, which allows a Court of Common Pleas to set up a program of "swift, predictable and brief sanctions," with a hearing within two business days of arrest and short jail terms that rise with each violation. Whether a county runs such a program is up to its court.

If probation is revoked, the judge may impose any sentence that was available at the original sentencing, "due consideration being given to the time spent serving the order of probation" (9771(b)). Time actually spent in custody on the charge is credited against the new sentence (42 Pa.C.S. 9760). Before sentencing, the defendant may also plead to other offenses in the same county so that everything is sentenced together (Rule 708(C)).

What rights do I have at the hearing?

A lawyer. Rule 708 requires that you be represented by counsel. In Lawrence County, the Public Defender lists probation and parole proceedings, including revocation, among the cases it must handle for people who cannot afford a lawyer.
To speak before sentence. The judge must give you the chance to make a statement and let both lawyers present information and argument (708(D)(1)).
Reasons on the record. The judge must state the reasons for the sentence and explain your rights to ask for a change and to appeal (708(D)(2), (3)).

A motion to modify a sentence imposed after revocation must be filed within 10 days, and filing it does not stop the 30-day appeal period from running (Rule 708(E)). Both clocks start on the day of sentencing, so the decision about what to file has to be made quickly.

What county rules lead to violation claims?

The county's Adult Probation and Parole office is at the Government Center, 430 Court Street, in the lower level of the Domestic Building across from the Courthouse. Its pages set out rules that often lead to violation claims:

The Alcohol Clause. Everyone under supervision is subject to it until the officer removes it: no buying, possessing or drinking alcohol, and no entering a place that serves it, except the dining side of a restaurant with no one at the table drinking and the officer's prior permission.
Travel. An overnight stay outside the county needs a signed Travel Permit. Same-day trips for work, school or appointments do not, though the county advises keeping the officer informed.
Searches. The conditions of supervision include consent to searches of your person, property and residence without a warrant, and items found may be used as evidence in the revocation process.
Community service. Ordered hours must be completed before the maximum date of supervision, and an outside nonprofit must be approved before the hours start.
Fees. The county lists a $50 monthly supervision fee, and for people on house arrest, equipment fees that must be paid before the term ends.

Can probation end early?

Act 44 also created the probation review conference. For most offenses, a person becomes eligible after two years or half of the probation term on a misdemeanor, whichever is sooner, or four years or half on a felony, but never less than 12 months after sentencing (42 Pa.C.S. 9774.1(b)). The court must then end probation unless one of the statute's reasons to continue it applies. Some offenses are excluded, including crimes of violence and simple assault against a family or household member (9774.1(i)), the charge explained in simple assault in Pennsylvania.

What changes the answer?

New crime or technical violation. A conviction for a new crime allows total confinement; a technical violation starts from a presumption against it (9771(c)).
What the technical violation was. Assaultive or threatening conduct, a weapon, drug dealing, absconding, or three or more intentional and unexcused failures to follow programming open the door to confinement; failures from the same episode count as one (9771(c)(1)(iii)).
How many technical violations there have been. The caps are 14 days for the first and 30 days for the second; from the third on, the original sentencing range applies (9771(c)(2)).
Treatment needs. The cap can be extended up to 30 days for a court-ordered treatment evaluation or program (9771(c)(2)(iv)).
Unpaid money. Nonpayment alone is not a ground for revocation unless the court finds an ability to pay and a willful refusal (9771(b.1)).
Your job. The court must consider employment status before confining someone for a technical violation (9771(c)(2)).

A worked example

For example, take a hypothetical person (not a real case) on two years' probation in Lawrence County for a misdemeanor shoplifting conviction, the charge covered in whether shoplifting is a felony in Pennsylvania. After eight months, the person misses two appointments and has one positive drug test, with no new arrest.

These are technical violations. Unless the court finds one of the statute's exceptions by the required proof, the law presumes against total confinement, and the judge's choices are to increase the conditions, for example adding treatment, or impose a brief sanction where the county runs that program (9771(b), (c)). If the court did order confinement for this first technical violation, it would be capped at 14 days, extendable by up to 30 days only for a court-ordered treatment evaluation or program, and the court would have to consider the person's job (9771(c)(2)). A revocation would still require the written request, the hearing with counsel and a finding on the record (Rule 708). Had the person been convicted of a new theft instead, total confinement would be allowed.

Common mistakes on probation

Treating the Alcohol Clause as optional. It applies to everyone under supervision in the county until the officer removes it, even on non-alcohol cases.
Staying overnight out of county without a Travel Permit. The county requires the signed permit in advance.
Assuming family can sort it out by phone. The office will not discuss a case with anyone, even a spouse or parent, without a signed authorization to release information.
Missing the 10-day window. A motion to modify a revocation sentence is due within 10 days, and the 30-day appeal clock keeps running (708(E)).
Leaving community service until the end. The hours must be done before the maximum date of supervision.
Ignoring a new charge because the violation hearing comes first. The judge may hold the violation hearing before the new charge is decided, and the new case then runs on its own track, starting with the preliminary hearing in Lawrence County.

What to do this week

Get a copy of the written request for revocation or the violation report, so you know exactly which conditions are alleged.
Write down the dates of every appointment, test and payment, with any proof of attendance or payment.
Collect proof of work and of any treatment you are in; the court must consider employment and may consider treatment.
Ask for a lawyer right away, or apply to the Public Defender if you cannot afford one.
Keep following every condition while the hearing is pending, including the Alcohol Clause and travel rules.
Sign the county's release form if you want a family member to be able to speak with the probation office.

Frequently asked questions

Can a probation officer arrest me without a warrant?

Yes. The county's Adult Probation FAQ says state law gives probation and parole officers police powers throughout Pennsylvania to arrest a person under supervision for a violation, with or without a warrant.

Does a new arrest automatically revoke my probation?

No. The comment to Rule 708 says the judge may not revoke on an arrest alone; there must be a hearing and a finding of a violation. The judge does not have to wait for the new charge to be decided, though.

Does the time I already served on probation count?

If probation is revoked, the judge must give "due consideration" to the time spent on probation (9771(b)), and time actually spent in custody on the charge is credited against the new sentence (42 Pa.C.S. 9760).

What if the violation is a new DUI?

A new DUI is a new crime, and a conviction allows total confinement on the probation case. The DUI also carries its own mandatory sentence, which is higher with a prior DUI within 10 years, as explained in what happens on a second DUI in Pennsylvania.

Can I be sent to jail because I could not pay my fines?

Not for that alone. The court must first find that you were able to pay and willfully refused (9771(b.1)).

Will a revocation stay on my record?

The underlying conviction stays unless it is later sealed or expunged under the rules explained in clearing a criminal record in Pennsylvania. Those rules require, among other things, that court-ordered restitution be paid (18 Pa.C.S. 9122.1(a)).

Where are the county's courts and probation office?

Both are at the Government Center at 430 Court Street in New Castle; Central Court for preliminary hearings is on Milton Street. All of them are listed on the Lawrence County courts page.

If you have been accused of violating probation in Ellwood City, New Castle or anywhere in Lawrence County, the hearing is the moment to present your side and your circumstances. You work directly with me, and the first consultation is always free and confidential.

What happens at a probation violation hearing in Pennsylvania?