Probation
Many criminal cases result in probation. When probation is granted by the court, it means that the defendant is allowed to avoid additional jail time by successfully completing a probationary period.
However, not all probations are the same. The Kansas or Missouri Court may award probation on a wide variety conditions, including:
- Payment of Fines and Court Costs
- Restitution
- Counseling
- Community Service
- Random Drug Testing
If you are dealing with a felony in the Johnson County District Court, your probation will likely be determined pursuant to the plea or more likely, pursuant to the result of an LSIR. This is an interview between you and the court system. The purpose of the interview process is to determine what level of probation is most suitable for you. Your probation may can range between a "halfway" house situation, to intensive supervised probation, to a more lenient Court Services.
Formal Probation vs. Informal Probation
Formal Probation is a Supervised Probation which requires the defendant to meet with an assigned probation officer (PO) on a regular basis. This can range from the standard once a month, to a more intensive schedule.
Informal Probation is an unsupervised probation which simply requires the defendant to complete certain conditions and terms of the sentence and don't break any laws. While there aren't regularly scheduled meetings, at the end of the probation term, the prosecutor will check the status of the defendant to see if they have in fact remained out of trouble.
Probation Violation
Probation Violations occur when the supervising probation officer believes that the Defendant did not comply with one or more of the terms of probation. For example, if the PO believes the defendant failed to make a scheduled appointment with the probation officer, failed a UA, didn't pay the fees, or had a law violation. In some cases, the judge may agree to give the defendant a second chance and thus reinstate them to probation. However, the court will often impose additional conditions or even minimal jail time. Also, the court may simply revoke the probation and order the Defendant to do their jail time.
However, before probation can be revoked, the court must find that in fact there was a probation violation. The prosecutor must prove the likelihood of the violation by more than 50%. Obviously, this standard is well below the 'beyond a reasonable doubt' standard required in a regular criminal allegation charge. While this standard is difficult for a criminal defense attorney to navigate through for their client, it is indeed possible to survive a probation violation evidentiary hearing without a finding a violation.
As a criminal defense lawyer, I have seen many different outcomes in probation violation hearings, and have won many probation violation hearings for my clients. It is important to remember that due process, as required by the 10th and 14th Amendments of our Constitution still apply. I have had numerous cases dismissed because law enforcement violated these guarantees. For example, I have had clients who supposedly violated probation, yet law enforcement neglected to do anything about it until years later. I have filed, argued, and won many legal motions on this very issue. I refer to these as "Bennett" motions, as Bennett is a very helpful case from which I use legal precedence to successfully achieve my desired outcome.
If you have been accused of a probation violation, contact our law firm to speak with an experienced probation violation attorney.