329) Is a New Arrest for an Old Case a Violation of my Probation / VOP? #HaberPA Criminal Lawyer
Channel: Michael Haber
Date: 2019-05-25

Thanks for asking me “Is a New Arrest for an Old Case a VOP?”

If you get arrested for a new case while you’re serving a probationary term then you’re obviously gonna face VOP.  But what happens if while you’re on probation you get arrested for something that actually occurred before you were placed on probation?

For example: Let’s say that on January 1st, 2019 you get sentenced to 1 year of probation for the crime of lurking with the intent to gawk, and on March 10th, 2019 you get arrested for burglary.  The logical conclusion is that you’re gonna face both a new substantive criminal prosecution and a VOP but then again you may not, because not all arrests occur in the moment.  If you were arrested on March 10th, 2019 at the scene and during the course of a burglary then you’ve got a VOP on your hands, but if you were arrested on March 10th, 2019 for a burglary that occurred in 2018, before you were placed on probation, then even though the arrest occurred afterward you can’t face a VOP. The reasoning is simple:  If the facts of the new burglary arrest precede the date that you were placed on probation then you didn’t violate your probation.  Of course you’ll have to defend the new case, but at least you won’t have a VOP to deal with. 

It’s important to note that this doesn’t mean that the jail can’t or won’t hold you without bond until you are taken before your probation Judge, nor does it mean that your PO can’t or won’t file an affidavit alleging a VOP; but it does mean that if the facts of the new case precede the date that you were placed on probation then your Judge will have to release you from jail and ultimately have to dismiss the VOP.

Thanks for your question, I appreciate you’re having asked it and I invite you to ask me more.  Please remember that at #HaberPA it’s all about reasonable doubt, and if you like this video then please subscribe to our YouTube channel / VideoFAQ (link below) and we’ll be putting out more soon! 

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