Probation Violation Defense.
Why Stolte Law, LLC?
You deserve an attorney who will put in the time and effort necessary to obtain favorable results. You deserve an attorney who will listen to your side of the case.
What is a motion to revoke?
People often ask what happens when an motion to revoke probation is filed. The short answer is that a court must decide two things: (1) the factual question of whether the defendant violated the terms of his or her probation and, (2) the discretionary determination of whether the established violation warrants the revocation of probation.
Probation Violation Hearing.
Depending on the circumstances, we may decide to stipulate to the violation allegations. But, you have a right to demand that the State prove the allegations at a hearing on the matter.
Common Reasons for Violating Probation.
New charges, Failure to report as directed, Failure to pay fines/fees, Failure to submit urinalysis, Consumption of alcohol/drugs, Absconding.
Reinstatement of Probation.
Even if the court decided to revoke your probation, you may be eligible for reinstatement of a new term of probation.
If your probation is revoked, Kansas statutes permit the court to impose a lesser sentence.
After the State establishes a violation, the district court has many options. It may:
After the State establishes a violation, the district court has limited options. It may:
Bypass Intermediate Sanctions.
The district court may bypass the intermediate sanctions and revoke your probation if it finds that the safety of the public will be jeopardized or that the welfare of the offender will not be served by continuing probation. Attorney Adam D. Stolte has had favorable results arguing against the State when these types of allegations arise.
Text or talk: