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Probation Violations

Can You Avoid Going To Jail?

A probation violation occurs when a prosecutor or probation officer alleges that you have failed to follow the terms and conditions of your probation. Often, when an individual is sentenced on a criminal charge they are not actually required to serve jail time; instead, they are sentenced a term of probation with an underlying jail sentence.

 

If probation is successfully completed, then the underlying jail time does not have to be served. Major problems can occur, however, if the probation is not successful.

 

Criminal defense lawyer, Anthony Bukaty, has helped many clients to resolve probation violations. He negotiates directly with prosecutors and probation officers to clear up misunderstandings and fights for alternatives to jail. He will aggressively present your case to the judge in the most favorable light and explain why your probation should not be violated.

Why Am I Facing Probation Violation?

Many people are shocked to find that they can be facing a long jail term for violating their probation, diversion or parole. Judges can set any number of probation conditions including: refraining from drinking or using drugs, passing periodic drug tests, attending treatment programs, making all appointments with your probation officer, paying fines and restitution, etc. Your underlying jail sentence can “kick in” for failing to meet any of the judge’s terms. In addition, if you were originally granted a Suspended Imposition of Sentence (SIS), a probation violation can lead to a criminal conviction in addition to possible jail time.

 

There are several ways to land in front of a judge on a probation violation hearing:

 

• New Charges – An arrest or conviction for a new offense can cause a judge to revoke your probation and impose a jail term. We aggressively fight new charges to prevent the court from revoking your probation and sending you to jail. At an evidentiary hearing, we can attack the basis for the probation violation and argue the facts in your favor.

 

• Failure To Follow Probation Conditions – Many people do not realize that when they plead guilty or receive a suspended sentence, they receive probation (which can be either supervised or unsupervised) instead of jail time. In Missouri and Kansas, for instance, even defendants with no prior criminal record can do jail time if they fail to fulfill all the terms of probation. Even failing to pass just one drug test or missing one meeting with a probation officer could cause you to receive a criminal conviction and face a long stint in jail.

Fighting For You!

With qualified legal representation, it can be possible to persuade judges and prosecutors to consider non-jail alternatives for probation violations – or to make the probation violation go away completely. At your probation violation hearing, Bukaty Law Offices, P.A., will make every attempt to eliminate the violation, keep you out of jail, or argue for alternative resolutions instead of a full underlying jail sentence, including:

 

• House Arrest

• Drug or Alcohol Counseling/Treatment

• Community Service

• Extended Probation

• Work Release

• Weekend Rehabilitation Programs

 

Going to jail for a probation violation is not automatic. If you have been accused of violating any of the terms of your probation you owe it to yourself to contact an experienced and knowledgeable attorney who has helped many people in your situation achieve a favorable outcome.

 

At Bukaty Law Offices, P.A., we can help! Contact us today for your FREE, Confidential Consultation or get your FREE Quote Now