Probation / Parole Violations Attorneys

Probation / Parole Violations Attorneys

As criminal defense lawyers with more than 25 years of professional experience in criminal prosecution and defense, SRC Law Group, LLC understands how difficult it can be to successfully complete your probation. Attorney Stein is a former prosecutor who understands what information can convince the prosecutor to support your request for probation.

Every Case Is Unique

Our criminal defense attorneys will spend time with you to better understand what steps you need to take before your court hearing. This includes making sure you are fully aware of your rights and options, and are well informed about the steps that the prosecution may take against you.

We know that there are multiple reasons that probation could have been violated. These include:

  • Are you having a difficult time getting along with your probation officer?
  • Do you struggle to meet the many requirements of probation and maintain employment?
  • Have you been caught at the wrong place at the wrong time?
  • Have you simply made a mistake?

If you are facing a motion to revoke your probation, no matter what the circumstances, contact the office of SRC Law Group, LLC and remember to keep reporting.

How Our Criminal Defense Lawyers Can Help

As your criminal defense attorneys, we can advise you on how to get back in good standing with your probation officer and the court. We spend time with the prosecutor so he can understand your unique situation.

Even if your probation has been revoked, the court can reinstate your probation. It is our job to inform the court why reinstatement of your probation is the best option for you and for your community.

Call criminal defense attorneys at to schedule a free initial consultation for effective representation concerning your probation hearing

PENALTIES FOR PROBATION VIOLATION

Probation is when a defendant stipulates to specific conditions and requirements in order to avoid further jail time. However, being on probation does not mean the defendant was not sentenced to a prison term.

Upon being placed on probation, a defendant is sentenced to imprisonment, and then that sentence is suspended, or placed on hold. While the sentence is in suspension, it is the defendant’s responsibility to successfully complete a term of probation and the rules to go with it.

If a defendant successfully completes probation, the sentence is over and the defendant is free to move on with his or her life. If, however, a defendant is found to be in violation of his or her probation, the judge has the option to activate the sentence or take it off of suspension.

For example, the defendant is convicted of a second-time DUI, which results in a 180-day jail sentence and one year of probation. If the defendant violates his probation, he or she will have the probation period revoked and then the underlying 180-day jail sentence becomes in effect.

There are many conditions of probation that are standard in Kansas City, Kansas area. Additionally, defendants are subject to “special” conditions, or those which are specific to their case.

The most common types of probation violations include:

  • Failure to pay court fees, restitution, etc.
  • Failure to appear for a probation monitor’s meetings
  • Failure to appear for a court hearing
  • Violation of conditions or rules
  • Law violation or committing another crime
  • Possession of illegal substances

If you are facing a probation violation, consult with our Kansas City criminal defense attorney at SRC Law Group, LLC immediately. With more than 25 years of combined legal experience, we understand what it takes to help you avoid probation revocation.

CAN I TRAVEL WHILE ON PROBATION IN KANSAS?

Summer is travel season since the weather is warmer and children are out of school for a few months.

However, can individuals currently on probation in Kansas take a family vacation as well?

Each person who is sentenced to probation must adhere to several conditions or risk spending time behind bars for the remainder of their sentence. Common conditions include meeting with your probation officer, avoiding another arrest, not contacting people who are associated with criminal activity, paying court costs and other fees, being subject to searches, and even random drug testing.

Travel restrictions

In addition, there are travel restrictions. The types of restrictions that are imposed are typically based on the circumstances of the case, the defendant’s criminal history, if the defendant is a flight risk (more than likely to flee the state or country), and other factors.

In Kansas, a person on probation must obtain advanced permission from their probation officer. Individuals must list the destination, duration, and purpose of the trip.

If the probation officer doesn’t approve the plans and the defendant travels anyway, this is considered a violation of probation, which can lead to serious criminal penalties. You could either have your probation extended or revoked, meaning you would have to your original sentence in jail or prison.

An experienced criminal defense lawyer can request either the probation officer or a judge to make an exception to allow you to travel. Furthermore, your attorney can even help you change the terms of probation, especially if you have completed at least half of your sentence.

WHAT IS A DIVERSION PROGRAM?

Just because a person has been charged with a first-time offense, doesn’t mean that he/she is guilty. However, there are some cases where it is practically impossible to obtain a not guilty verdict.

Fortunately, Kansas courts understand that many first-time offenders are not likely to become seasoned criminals. That is why they offer diversion programs designed to give individuals who have been charged with a relatively minor crime a “second chance.”

Diversion means defendants must agree to a supervised performance program. If they complete the terms and conditions of the program, all charges will be dismissed.

If you have been arrested in Kansas City, KS, the Wyandotte County District Attorney has the authority to accept someone into a diversion program.

Defendants must prove the entering the program is in the best interest of the individual, the community, and law enforcement.

The following are the types of crimes eligible for a diversion program:

DUI

If you have been charged with a first-time DUI, you may be eligible to enter the program. However, if there any aggravating factors in the charge (e.g. causing an accident or death, driving with a minor in the vehicle, or driving with a BAC of .20), then you are prohibited from entering the program.

Drug possession

If you have been charged with a first-time misdemeanor or low-severity felony for drug possession in Kansas, you may be eligible for diversion. Those charged with distribution or possession with intent to distribute a controlled substance are prohibited from entering the program.

Traffic offense

A first-time traffic violation is eligible for diversion, unless the crime involved reckless driving, speeding through a school or construction zone, drag racing, failing to yield to an emergency vehicle, improperly passing a school bus, or fleeing to elude authorities. Additionally, if you commit a traffic offense while holding a commercial driver’s license (CDL), you are not eligible for traffic diversion.

Participants in a diversion program are subject to schedule court appearances, meetings with a case officer, treatment and counseling for substance abuse, as well as random drug and alcohol tests. If a defendant fails to complete division, the charges will be reinstated.

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