Probation is where the sentence, or part of the sentence, is for the person to remain on the street, but to report to an officer to ensure their behavior is good.

If someone is in jail serving their sentence and they want to get out of jail earlier then their minimum date, or they haven’t been paroled at their minimum date, you can file a petition with the sentencing judge called an early parole petition and ask the judge to allow the person to be paroled earlier then had been intended.

If someone is on the street on probation or parole, you can file a petition with the judge for early termination of the probation or the parole.

Note that these petitions are only filed when the sentencing power is with the state court judge and not with the Pennsylvania Department of Corrections. Also, note that parole petitions are usually granted when someone has been in jail, been on good behavior, completed all of the classes they are supposed to complete, and have served their minimum. Also, early termination of probation petitions are usually granted when someone got a very long probation tail to their initial sentence and during the course of the probation they have truly changed their lifestyle, paid all of their fines and costs, paid all restitution, and can show the judge that they are truly worthy of being released from supervision.

Within a short period of time after the detention, you are entitled to a hearing to determine whether you should be held in custody while awaiting to see the judge or waiting to have a full hearing with the judge. If the trial commissioner or the judge,  think that you should not wait in custody for your full hearing, the trial commissioner or the judge can release you. This is proceeding is called a Gagnon I hearing. In Philadelphia county, the defendant is not present at the Gagnon I hearing.If the commissioner or judge rule that you must stay in custody until the Gagnon II hearing, this is called a detainer.

After the Gagnon I hearing is complete, a final hearing, the Gagnon II hearing, must be scheduled within 30 days of the initial hearing. This final hearing is where the defendant goes before the judge and the judge decides whether to violation the defendant, and if so, gives the defendant a new sentence.

The judge can violate the defendant for either a technical or direct violation. An example of a technical violation is not reporting to the probation officer, dirty urine, or not complying with any term or condition of the probation. An example of a direct violation is a new conviction in a new case. Usually the new sentences for direct violations are greater then new sentences for technical, but the judge can always give a big sentence for a technical violation.