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Probation Violation

If you believe you have violated the terms of your probation, or if a motion to revoke probation has been filed, you should contact an attorney immediately.  If the Court finds you violated the terms of probation it could impose harsher conditions, jail sanctions, or flat out revoke probation and order that you serve the remainder of your underlying sentence. ​​I will guide you through the system, helping you mitigate your situation or by fighting the allegations.  Using a strategy personalized to your particular situation, I will work with you, your probation officer, and the prosecutor to get you back on track and back on probation.

HOW LONG DOES IT TAKE TO ISSUE A WARRANT FOR A VIOLATION OF PROBATION?

Warrants for violations of the conditions of probation can be issued as quickly as the same day as the violation.  In most cases, however, warrants take a day or two to issue.  In order to get an arrest warrant, the probation officer must prepare all necessary documents and refer the issue to the prosecutor.  From there, the prosecutor reviews the application and submits it to the judge for final approval.  If approved, the judge notifies the sheriff of the warrant.  Then, it is a matter of time for the sheriff to conduct an arrest.  Click HERE to see if a warrant has been published on the Johnson County Sheriff website.

WHAT HAPPENS AT A PROBATION VIOLATION HEARING?

There are two options at a probation violation hearing: have a hearing on the matter or stipulate to the allegations.

To hold a hearing, the probationer must simply inform the judge that he or she wishes to challenge the allegations in the motion to revoke probation.  The hearing will be an opportunity to call witnesses, cross-examine witnesses, and challenge the evidence presented by the prosecution.  At the conclusion of the hearing, the judge will decide whether a violation of probation occurred.

If a stipulation occurs, the judge will ask a few questions to ensure the probationer understands that he or she is giving up the right to a hearing.  The judge will find a violation of the conditions of probation has occurred. 

After the judge finds that a violation of probation has occurred, the judge will decide whether to impose a jail sanction, reinstate probation, or impose a new term of probation. 

HOW LONG DO YOU HAVE TO GO TO JAIL FOR A PROBATION VIOLATION?

The punishment for violating the terms of probation could be up to the entire underlying sentence.  If a sanction is imposed, judges have wide discretion to impose jail sanctions in misdemeanor cases.  With felony cases, the judge may impose a quick dip of a few days or a dunk which could be several months.

COMMON CONDITIONS OF PROBATION

The terms of probation throughout Kansas are typically very similar.  Kansas law requires that judges impose certain restrictions.  If you are placed on probation, you can expect the following terms to be ordered:

  • Report as directed to the probation officer
  • No new law violations
  • Pay all court costs and fees
  • Obtain an evaluation for drug/alcohol use, mental health, domestic violence
  • Complete counseling
  • No association with anyone who has been convicted of a crime or on probation
  • No possession or consumption of drugs or alcohol
  • No attending places that sell alcohol for consumption on the premises, expect for employment purposes
  • No owning or possessing a firearm
  • Maintain full-time employment or education
  • Obtain a GED
  • No driving without a valid license
  • Satisfy all outstanding warrants
  • No contact with victims/ witnesses

DID YOU KNOW YOU CAN REQUEST A MODIFIED SENTENCE FOLLOWING REVOCATION?

Kansas law expressly permits judges to impose a reduced sentence at a violation hearing.  Schedule a consultation to see if this statutory provision could apply to you.

CONTACT A PROBATION VIOLATION ATTORNEY

Responding quickly to a motion to revoke probation is the key to getting your life back on track.  Strategies can be prepared to get a second chance on probation or get back in compliance with the original terms of probation.  Contact Probation Violation Attorney, Adam D. Stolte at 913-575-8823 to get started.

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