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What is Probation and How Does It Work?

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If you have been charged with or convicted of violating a state law in Pennsylvania, you may be facing a period of probation. You may have a vague sense of what probation is and what it means moving forward. This blog provides an overview of the probation process.

What is Probation?

Probation is typically given in exchange for some form of incarceration. You may be given probation instead of any jail or prison sentence, or you can be released “on probation.” Essentially, the probationary period is considered a test or trial period, to see if you can stay out of trouble with the law. Because it is a trial period, probation generally comes with a number of conditions.

What are the Usual Terms or Conditions of Probation?

In most instances, probation requires all or most of the following:

  • Regular reports to your probation officer
  • Substance abuse treatment or counseling, if appropriate
  • Payment of all court costs, as well as any restitution
  • Submission to a nightly curfew
  • Limited travel—typically, you must notify your probation officer if you plan to leave the county, or if you intend to change your residence
  • No new criminal convictions

How Long Does Probation Last?

The court will typically specify a length for your probationary period, imposing a longer period if you are convicted of a felony. Your probation officer may petition the court for an early release from probation.

Contact the Law Offices of John E. Kusturiss, Jr.

At the Law Offices of John E. Kusturiss, Jr., we have more than 30 years of practice experience. Contact us online or call us at (610) 565-0240 to set up an appointment. There is no charge for your initial consultation. We are available to meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

What Does Free Initial Consultation Mean?

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What Do You Get with a “Free Initial Consultation”?

Most personal injury and many criminal defense attorneys offer clients a “free initial consultation.” Unfortunately, that’s a pretty vague term and could cover a lot of different scenarios. Is there a time limit to the consultation? Will the lawyer answer specific legal questions? Can you get advice such that you can handle the matter on your own?

Ask When You Call

Because the definition of “free initial consultation” will vary from attorney to attorney, the best way to know what you’ll get is to ask the attorney or receptionist when you schedule the appointment. Here are some of the key questions:

  • Is there a time limit?—Attorneys generally get paid for their time. Accordingly, most offer a free initial consultation that lasts 30 minutes or an hour.
  • Will the lawyer give you an assessment of the potential strength of your case?—Often, attorneys cannot accurately assess the potential outcome of a case without having an opportunity to review the evidence. Typically, during a free initial consultation, the attorney will ask for an overview of what happened or what the issues are, and will want to know about potential sources of evidence. Most likely, the attorney will then tell you that, if the evidence supports it, you may have a claim for some type of recovery. However, the attorney will also require that you enter into a contingency fee agreement or make other financial arrangements before any further action will be taken.
  • Typically, before the initial consultation is over, the attorney will summarize the potential issues and advise you as to what needs to happen next, as well as how much it will cost.
  • Even if you don’t hire the attorney, all communications remain privileged and cannot be disclosed to others without your permission

Contact the Law Offices of John E. Kusturiss, Jr.

At the Law Offices of John E. Kusturiss, Jr, we have more than 30 years of practice experience. Contact us online or call us at 610-565-0240 to schedule a private meeting. There is no charge for your first consultation. We will meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

Post Traumatic Stress Disorder—Does It Increase the Likelihood of Criminal Behavior?

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In light of frequent reports of combat veterans being arrested and charged with all types of serious crime, from drug offenses to homicide, psychologists and other mental health professionals have taken a closer look at the effects of post-traumatic stress disorder, including the inclination of PTSD victims to engage in criminal behavior. According to the Bureau of Justice Statistics, approximately 10 percent of all state prison inmates are service veterans, and more than half of them served during wartime. In addition, nearly 60% of those veterans in prison were convicted of a violent offense.

While most mental health professionals readily acknowledge that PTSD can lead to high levels of stress and anxiety, and that stressed and anxious persons tend not to fully evaluate all their options before taking action, there is no consensus that PTSD increases the likelihood of criminal behavior. Authorities also acknowledge that PTSD can increase hostility and anger, as well as diminish self-control.

Numerous studies have been conducted regarding the propensity of PTSD victims to engage in criminal acts, with conflicting results. Researchers found that PTSD sufferers are more inclined to engage in domestic violence, and to get involved in altercations if they pursue a college degree. But studies also indicated that the “impulsive aggression” typically associated with acts of violence was far more prevalent in veterans without PTSD than those who had been diagnosed with the condition.

In many veterans, PTSD is associated with a traumatic brain injury. Medical professionals remain uncertain about the impact of TBI on post-traumatic stress disorder. A study conducted by the Department of Veterans’ Affairs found that PTSD was more pronounced in soldiers with mild head injuries than in solders with serious brain trauma.

Contact the Law Offices of John E. Kusturiss, Jr.

At the Law Offices of John E. Kusturiss, Jr, we have more than 30 years of practice experience. We handle the defense of all types of criminal charges. Contact us online or call us at 610-565-0240 to arrange an appointment.

There is no charge for your initial consultation. We are available to meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

What Is Negligent Homicide in Pennsylvania?

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Negligent homicide is when one person kills another through extreme negligence but without intent to kill. You can be charged with involuntary manslaughter or negligent homicide when you unintentionally kill someone as a result of extreme recklessness while engaging in either a lawful or unlawful activity.

For example, a person driving while intoxicated and speeding who struck another car, causing the deaths of the car’s passengers can be charged with negligent homicide or vehicular homicide. A person may be charged with negligent homicide if he or she was negligent while operating any motor vehicle, aircraft, or watercraft.

Negligent homicide or involuntary manslaughter is considered a first degree misdemeanor in Pennsylvania. It carries a jail term of up to five years. If the victim of the negligent homicide was under 12 years old, the charge becomes a second degree felony, which carries imprisonment of up to 10 years.

The prosecution must prove that the defendant’s reckless actions led to the death of the victim.

Facing Negligent Homicide or Other Criminal Charge? Experienced Criminal Defense Attorney

If you have been accused of negligent homicide, you need an experienced criminal defense attorney to help you understand your options and to fight for your rights. At the Law Offices of John E. Kusturiss, Jr., we have a combined experience of more than 30 years in criminal law. We are former district attorneys who know how prosecutors think and how they build cases. We will use that information to build you the strongest case we can.

Find out more about how we might help you in a free initial consultation. Call today to schedule your appointment at the Law Offices of John E. Kusturiss, Jr., in Media, PA: 610-565-0240.

With offices in Media, Pennsylvania, we handle cases involving criminal defense, divorce and family law, and personal injury throughout Springfield, Chester, Upper Darby, Ridley Park, Newtown Square, and Havertown, PA.

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Results are what count!

When it comes to criminal defense or personal injury law matters, don’t gamble with your legal representation, hire an experienced attorney.

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Kusturiss Law
323 East Front Street
Media, PA 19063

Phone (610) 565-0240
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