Probation Violations Attorney in Lawrence, Kansas
In the state of Kansas, a convicted defendant may be released into the community as part of their sentence or as an alternative to incarceration. When under probation, you are expected to adhere to the terms or conditions of your probation. Violating one or more probation conditions may cause the judge to revoke your probation and impose any sentence within the scope of your punishment.
If you've been charged with a probation violation, it is important that you retain a Kansas criminal defense attorney to help build your defense. At Chahine Legal LLC, I'm dedicated to offering reliable representation, strong advocacy, and experienced legal guidance to individuals facing probation violation charges.
As your legal counsel, I can review all the facts surrounding your case, conduct a comprehensive investigation, and strategize an effective defense in pursuit of the best available outcome for your unique circumstances. My firm—Chahine Legal LLC—proudly represents clients across Lawrence, Kansas, and throughout Kansas and Missouri, including Overland Park, Olathe, and Lenexa.
Common Ways Probation Is Violated
Probation is an alternative sentencing option for defendants who have been convicted of a crime in Kansas. It reduces or eliminates the time an offender is required to spend in incarceration. A probation violation occurs when a defendant breaks or ignores any condition or term of their probation. Probation may be violated in any of the following ways:
Failure to report to a probation officer
Failure to appear for a court date
Failure to complete community service
Failure to pay fines or restitution
Testing positive for alcohol or drugs
Traveling outside the state or an area without permission
Committing another offense or crime
Failing to comply with alcohol or drug screenings
Arrest for an unrelated offense
Visiting certain people or places associated with criminal activities
Possessing, distributing, selling, or transporting controlled substances
Failing to complete a mandatory drug treatment or diversion program
An experienced Kansas probation violations attorney can thoroughly investigate every aspect of your case, identify the probation terms that were violated, and help strategize your defense.
Types of Violations
Furthermore, probation violation is classified into two types: technical and substantive violations.
Technical Violations: A technical violation occurs when a defendant under probation fails to comply with one or more terms of their probation.
Substantive Violations: A substantive violation occurs when a probationer is arrested and charged with committing another crime.
If you or someone you know has recently been arrested and charged with a probation violation, you need to reach out to an experienced criminal defense attorney immediately. Your lawyer can evaluate the nature of the violation and help you understand the possible consequences.
Consequences of Probation Violation
The consequences of a probation violation in Kansas can be serious depending on the factors below:
The nature and severity of the violation
Whether this is your first violation or you have any prior probation violations
Whether the violation was reported by your probation officer
Whether you will be facing new criminal allegations
A knowledgeable lawyer can enlighten you about the potential consequences of your probation violation and help you understand what happens next.
Warning or Request to Appear in Court
When a probation officer reports a violation, you will get a written notification that a probation violation has been reported. You are within your rights to respond to the notification. Depending on the surrounding circumstances of your probation violation, you may be issued a warning or asked to appear in court.
Determination of a Probation Violation
To be found guilty of a probation violation, the prosecuting attorney only needs to prove that there is a possibility that you have committed the violation. Unlike a criminal trial, the prosecuting attorney doesn't have to prove the charges beyond a reasonable doubt before you are found guilty.
Sentencing & Possible Penalties
During the probation hearing, the judge will review the evidence presented against you as well as the terms of probation that was violated to issue a sentence. Some possible outcomes of a probation violation hearing include:
Revoke your probation
Extend your probation sentence
Modify the terms and conditions of your probation.
Impose statutory maximum penalties
Impose additional conditions on your probation
Order a mandatory counseling
Order you to perform additional community service
Mandatory enrollment in a drug treatment or alcohol rehabilitation program
A skilled attorney can strategize your defense and help you achieve the most favorable outcome for your probation violation case.
How Legal Counsel Can Help
Defending your probation violation charges without experienced guidance could increase your risk of suffering the maximum punishments. If found to be a violator, your probation may be revoked and you could face other penalties, including additional prison sentences and fines. When accused of probation violation, hiring a highly-skilled criminal defense attorney is essential.
At Chahine Legal LLC, I've devoted my career to handling criminal cases and representing individuals wrongfully accused of violating their probation conditions. As your legal counsel, I can work to understand your specific situation in order to increase the possibility of achieving the best available outcome for your case.
Probation Violations Attorney
Serving Lawrence, Kansas
If you are facing probation violation allegations, don't face them alone. Contact my firm—Chahine Legal LLC—today to schedule a simple case assessment. I can offer you the comprehensive guidance and vigorous representation you need in your probation violation case. My firm is proud to represent clients across Lawrence, Kansas, and throughout Kansas and Missouri, including Overland Park, Olathe, and Lenexa.