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What Constitutes Probation Violation in Kansas?
A court can place you on probation as a condition for your sentence during your criminal charges hearing. However, the judge will provide a list of conditions you must fulfill during the probation, and failure to meet them constitutes a probation violation.
Lawyers from a reputable law firm in Overland Park highlight the following as some of the most common probation violations:
- Failing to report to your probation officer
- Facing new criminal charges while under probation
- Failing a drug or alcohol test
- Failing to pay restitution and fees
- Failing to obtain and keep a job
- Not completing court-ordered community service
- Leaving the state without notifying your probation officer or permission from the court
- Not attending rehabilitation courses, among others, depending on the conditions imposed on your probation.
Criminal defense attorneys in Overland Park explain that probation violations have legal consequences. If you have violated your probation terms and are worried about the consequences, consult skilled legal experts for legal guidance.
What Are the Penalties for Violating Probation Terms?
The laws in Kansas dictate that when a probationer violates their probation, they will receive a “Motion to Revoke Probation.”
The judge will assess the documents and issue a warrant for your arrest. You can enhance your highest chance of a successful defense by replying promptly.
During the hearing, the court will determine if you violated your probation terms and impose some punishments if you did. Possible penalties for probation violation are:
- Extending the length of the probation term
- Modifying the rules, terms, and conditions of the probation
- Ordering you to attend counseling depending on the original charges, for example, alcohol, drug, or anger management
- Imposing additional fines and restitution
- Ordering you to serve jail time, followed by more probation
- Revoking your probation and sentencing you to jail
Skilled criminal attorneys in Overland Park can evaluate the case specifics and help you create a solid defense strategy to reduce the likelihood of your probation being revoked.
What Factors Do Judges Consider When Imposing Penalties for Probation Violation?
Any violation of the law can have you incarcerated, including probation violations. If you commit multiple violations, the judge and district attorney will work with your probation officer to determine the appropriate penalties to impose. Factors to consider include:
- The original crime
- Type probation violation
- Your previous criminal record
- Your attitude toward the law and court
- Willingness to reform
If you violate the probation terms several times, you are likely to be handed a jail sentence. The court will offer no bail, and your chances of future probation will be diminished. So, it would help you consult aggressive criminal defense attorneys to defend you in the probation revocation hearing for a favorable outcome.
Does Probation Violation Show on My Criminal Record?
A probation violation will show on your record, and if the term is revoked, it will also appear, possibly impacting future charges. However, Overland Park criminal defense attorneys explain that you can have your criminal record removed from your history if you satisfy specific requirements, including probation.
Since probation violation is a crime, you must complete the new sentencing and file an expungement petition with the court. The decision to expunge is at the judge’s discretion. Working with skilled criminal defense attorneys is crucial to defending your rights and protecting your future.
What Are the Possible Defenses Against Probation Revocation?
With the help of knowledgeable criminal defense lawyers with experience in probation laws in Overland Park, you can mount a robust defense against probation violation charges, which is paramount in securing a favorable outcome. Some possible defense strategies include:
- False allegations: Your defense attorneys can challenge the accuracy and validity of the evidence presented in the courtroom to prove that you were falsely accused of violating your probation terms.
- Unintentional violation: You can argue and prove that you had no willful intention to violate the probation terms and it happened due to circumstances beyond your control. For example, you may have missed a meeting with your probation officer because of work commitments or medical reasons. Ensure you have solid evidence to prove your case.
- Procedural errors: Skilled lawyers can identify irregularities or errors in the probation revocation process and base their arguments on the mistakes to fight for a dismissal of the charges.
- Compliance with probation terms: Your legal team can defend you by showing that you have complied with the spirit and purpose of probation despite the unintended violation.
- Negotiating alternative resolutions: You can request the court for alternative resolutions instead of jail time. Examples are modified probation terms, house arrest, and rehabilitation programs.
- First-time violation: You could ask the court to be lenient because the violation was the first one or minor. The lack of previous convictions can also strengthen your argument.
It’s in your best interests to fight aggressively against probation revocation to protect your rights and future. In addition to legal penalties, incarceration can have collateral consequences that significantly affect your professional and social life.
A Skilled Criminal Defense Attorney Defending Your Against Probation Revocation
A Motion to Revoke Probation can be scary as it can put you at risk of having your probation terminated and serving a jail term. If you violate your probation terms and are scheduled for a hearing, ensure you prepare adequately for the proceedings. Hire skilled criminal defense lawyers in Overland Park for legal counsel and representation.
Barnds Law, LLC hosts dedicated criminal defense attorneys who can assess your probation violation charges and create a strategy to help you avoid severe legal consequences. We understand that the stakes are high and will fight aggressively for the most favorable outcome. Call us at 913-270-0505 to schedule a strategy session.
