Act 44 is a law passed in July 2024 that requires judges to customize the penalties they hand down to those convicted of a crime. In terms of Pennsylvania probation, this means that the terms of your probation may be loosened or strengthened based on various factors specific to your situation.
Our Philadelphia criminal defense lawyer can explain Act 44’s provisions, what they mean for you and your family, and how to get the lightest possible sentence under the Act.
What Does Pennsylvania’s Act 44 Say About Probation?
Act 44 makes several amendments to existing criminal law. Act 44 is a much clearer set of instructions for state sentencing judges than the old laws were. The changes all have to do with how a judge passes down a sentence for probation after a criminal conviction. For example:
- Judges already had the power to attach conditions to probation. Now, under the Act, they must determine which conditions to include or discard based on “an individualized assessment of the defendant, including the defendant’s history and the underlying crime or crimes committed.”
- The Act describes possible conditions in greater detail than before. For example, it now specifies that if you are your child’s sole or primary caretaker, the judge should consider that fact when deciding the terms of your probation.
- If you cannot afford to pay court-ordered fines or restitution, the court cannot extend your probation as punishment.
- The court cannot sentence you to confinement unless they show “clear and convincing evidence” that you violated your probation in a way that endangers the public.
- In most cases, you are entitled to a probation review conference after serving a specified portion of your sentence. This conference must be held within 60 days of when you become eligible. As long as you have fulfilled the terms of your probation and are not a danger to the public, your probation must be terminated at this point.
Potential Consequences of Act 44
Thanks to Act 44, people sentenced to probation may have an easier time serving their sentence and returning to their everyday lives afterward. They could use the exceptions and stipulations codified by the Act to:
- Continue to fulfill their personal and professional obligations while on probation
- Complete their sentences earlier
- Avoid certain types of punishment for infractions or violations that do not harm other people
The terms of your probation must take into account not only the alleged crime but also your circumstances. While a criminal conviction is always stressful, these changes to Pennsylvania law can minimize the conviction’s effects on your family and your life.
For a free legal consultation, call 215.515.3360
How Does Act 44 Apply to Your Pennsylvania Criminal Case?
Act 44 has major implications for defendants and the defense attorneys at our firm. If you are sentenced to probation after a criminal conviction, we can present evidence that helps guide the judge toward a more lenient sentence. Such evidence may include:
- Statements from your employer or school to show that you are committed to a particular career or area of study
- Statements from relatives or friends who testify to the fact that you have familial responsibilities that no one else can fulfill
- Witness testimony that shows there are mitigating circumstances—for example, someone was threatening or provoking you—that warrant a lighter sentence
- Financial statements that show whether or not you are capable of paying fines, fees, or restitution the judge may be considering
- A review of your criminal history that shows you have not been accused of similar (or any) crimes before or, alternately, that past crimes have no bearing on the present situation
When Does Act 44 Not Apply?
While the consequences of PA’s Act 44 are far-reaching, they do not apply to every crime in every situation. For example, you are not eligible for early termination of probation and a probation review conference if you were convicted of certain types of crimes, including:
- Criminal homicide
- Sexual assault
- Stalking
- Domestic violence
You are welcome to consult with our criminal defense law firm to determine whether and how Act 44 applies to your situation. Even if it does not, we can help you defend your rights.
Hiring Our Lawyers to Protect Your Rights Under Act 44
To take full advantage of the new rights granted under Act 44, hiring our law firm to explain your legal options and protect you against accusations that could lead to more serious consequences is a good idea. For example:
- Probationary terms are more lenient for those convicted of a misdemeanor versus a felony. We can fight to reduce the charges against you so your penalties are lighter.
- We can present the evidence we collect for your case file to the judge, along with suggestions on what a just sentence may look like in your case. This makes it simpler for them to gain an understanding of your situation and how to apply Act 44 to your probationary terms.
- Being accused of violating probation can still carry stiff penalties. Our Philadelphia probation violation defense lawyers can help show that you followed the rules and should be allowed to carry out your original sentence peacefully.
- To get the court to end your sentence early, you must prove that you have been a model citizen while on probation. We can represent you during the probation review conference, show evidence of your good behavior, and instruct you on how to make the best impression.
Act 44 is a promising new tool that allows many people to avoid onerous punishments and return to normal lives faster. Our legal team can help you take full advantage of this tool.
Learn About Your Rights Under Pennsylvania’s Act 44
The Law Offices of M.J. Snyder, LLC, can provide you with a free, over-the-phone consultation today. Our aggressive criminal defense attorneys understand what Act 44 means in Pennsylvania probation matters and can fight to make sure the terms of your probation align with your needs and situation.
