Defense Against Probation Violations Or Motion To Revoke Your Probation
There are generally two types of probation:
- Suspended imposition of sentence: In these open-ended cases, your sentence will be withheld so there will be no penalty imposed, which means it is not complete; therefore, there is no judgment or conviction if you successfully complete probation. If you comply with the terms of probation, your case will be closed with no public record.
- Suspended execution of sentence: In these cases, your sentence is suspended. If you satisfy all of the probationary conditions (do not commit any other crimes, report to your probation officer regularly, etc.), you will not have to serve whatever jail or prison sentence that is hanging over your head.
If you are facing a probation violation charge, you should not handle your defense on your own. Different courts handle these cases differently, and there are a wide range of possible outcomes, some much better than others. It is essential to work with an experienced Missouri and Kansas criminal defense lawyer.
Scared? Anxious? Confused? Help Is Here!
For most people, being accused of a probation violation is a serious matter. You might not know your rights and options or the possible penalties you are facing. Contact me. In 40 years as a Lee’s Summit probation violation attorney, I have built strong relationships with probation officers, state court prosecutors and the judges who are in a position to be lenient. While I can’t promise specific results, I am well-positioned to help you defend against probation violation charges.
Getting The Best Outcome Possible
The potential consequences are different for probation violations of each type of probation. For Suspended Imposition of Sentence probation, you face actually being sentenced for the crime, up to the maximum possible, depending on what you did to violate your probation. You also will then have a criminal record if a sentence is imposed. The open-ended nature of your probation will no longer be open.
For Suspended Execution of Sentence probation, you will face doing the time you were sentenced to at the time you pled or were found guilty and were placed on probation.
Also, the consequences can change as a result of the seriousness of the violation itself. If your probation violation involved committing the same crime that you were charged with in the first place, for example, you could face much harsher penalties. The courts also treat failure to report to a probation officer as a serious violation. Other examples of probation violations are dropping a dirty UA (failing a drug test or testing positive for some drug or controlled substance). Another example is failure to complete some assigned school or failure to pay fines and court costs.
Whatever the circumstances, I have the experience and the strategic approach needed to help you get the best results possible in your probation violation hearings.