Probation Violations And Your Defense

Probation can provide an opportunity to avoid standard sentencing, like incarceration. With it, however, comes many rules and obligations. Probation is not a free ride out of the criminal justice system. Any individual on probation must follow guidelines and attend any mandatory program meetings, checking in regularly with a probation officer.

If the individual fails to comply with requirements, he or she may face a probation violation. The original sentence for the crime he or she was convicted of may then be reinstated at the court's discretion.

Defense When You're Accused Of A Probation Violation

If you have violated your probation, contact me at the Law Office of James M. Brun, LLC, as soon as possible. As your lawyer, I can help protect your rights in hearings and make sure you are given every opportunity to regain good standing with your probation officer and the court.

Communication Is Key

You need to first understand your probation requirements in order to be in compliance with them. If you are new to this process, I can inform you and advise you of your rights and obligations through every stage of the process.

Probation officers typically want to see people succeed, so if you are having trouble meeting requirements, let them know. You do not want to have a simple missed meeting cause a probation violation.

Intermediate Jail Sanctions

A single probation violation does not mean you will automatically be held to serve the underlying sentence for your initial criminal conviction. Kansas law provides a means for the court or the probation office to impose an intermediate jail sanction (sometimes known as a "quick dip" sanction). This can involve a jail sentence not to exceed 18 days, and it can be imposed multiple times.

A defendant has the right to a hearing regarding this intermediate jail sanction, which may or may not be reasonable. In some cases, you could end up waiting for a hearing in jail and end up serving the sanction time anyway.

Second Violations, Multiple Violations And Probation Revocation

If more probation violations occur, the probation office may make a motion for a Tier Two violation and a hearing will be scheduled. If the court finds the allegations are true, longer term sanctions may be imposed (a 120-day sanction or a 180-day sanction). Continued violation beyond this may result in probation revocation and the defendant's return to serving the court's underlying sentence.

It is vital that you have an attorney defending your interests and guiding you through the legal process. Do not rely on your probation officer to be working in your defense. They are there to make sure you comply with probation — not necessarily to help you stay out of jail.

Contact our office in Overland Park, Kansas, to learn more about your options. We can be reached online or by telephone at 913-826-6229 (toll free at 877-508-0661) to schedule a free initial consultation.