Your Best Chance For A Second Chance
If you think you have violated conditions of your probation or parole, contact the Stone Law Office immediately. Attorney Gary D. Stone will help you get a second chance, or work with the prosecutors and judge to minimize the negative consequences of your violation.
Gary D. Stone is a former Wyandotte County, Kansas, prosecutor with 12 years of experience in probation violations and criminal law. The Stone Law Office, located in Kansas City represents clients in Kansas City, Lenexa, Overland Park, and throughout the Kansas City metro area and surrounding counties.
Be Proactive – Contact A Qualified Attorney Right Away
Prompt action is the key to avoiding probation revocation. There are two cases in which a judge can revoke your probation, and require you to serve the original jail sentence:
- Breaking the terms of a probation contract (e.g., failing a drug screen, not reporting to your probation officer, skipping treatment, or not paying court-ordered restitution)
- Committing a new crime while on probation
If you act quickly after a minor violation, the Stone Law Office can help. Mr. Stone can schedule a court hearing and present evidence that you are complying with terms and making amends. If it is your first violation, the court could reinstate your probation or close the case.
Mr. Stone will devise strategies in an effort to (a) avoid revocation of your probation and/or (b) negotiate the lowest jail term possible for your circumstances. Before your hearing, you should reconnect with your probation officer, pay fines or restitution, enter treatment, or otherwise demonstrate to the court your commitment to “straighten up.” Mr. Stone is an experienced lawyer in probation revocation matters. The Stone Law Office may be able to refer you to an appropriate treatment program, or develop a program that might convince the judge to allow you to remain on probation despite your earlier noncompliance.
Note: You do not receive credit for probation time served. For example, suppose you made it through five months of a one-year probation before violating the terms. The judge then revokes your probation and orders you to serve the original suspended jail sentence of 12 months with the Kansas Department of Corrections. The court will not take five months off your jail term – you must serve the full underlying sentence.
What Constitutes A Probation Violation In Kansas?
Probation violations in Kansas generally fall into two categories: technical violations and new criminal conduct. Understanding the difference can help you assess your situation and respond appropriately.
Technical violations involve failing to follow specific court-ordered conditions. These may include missing scheduled meetings with a probation officer, failing a drug or alcohol test, not completing required treatment programs or falling behind on court-ordered fines or restitution. While these violations may seem minor, courts can still treat them seriously, especially if they are repeated or ignored.
Substantive violations occur when an individual is accused of committing a new crime while on probation. These are often viewed more harshly because they suggest a continued disregard for the law. In these cases, the court may proceed with both the new criminal charge and the probation violation simultaneously.
The court will evaluate the nature of the violation, your prior compliance and any efforts made to correct the issue. Acting quickly to address the situation can influence how the court responds and whether probation remains an option.
Frequently Asked Questions About Probation Violations
This section addresses common concerns individuals have when facing a probation violation in Kansas. Understanding what to expect can help you make informed decisions during this process.
What happens at a probation violation hearing in Kansas?
At a probation violation hearing, the court reviews whether a violation occurred and what consequences should follow. You have the right to legal representation and the opportunity to present evidence or explain your actions. The probation officer may provide a report outlining the alleged violation, while the judge evaluates whether the terms of probation were breached.
Unlike a criminal trial, the standard of proof is lower, meaning the court does not need to find guilt beyond a reasonable doubt. If a violation is established, the judge may reinstate probation, modify its terms or revoke it entirely and impose the original sentence.
Can I avoid jail time for a probation violation in Kansas?
Avoiding jail time may be possible in certain situations, particularly if this is your first violation or if the issue is considered minor. Courts often look at whether you have taken steps to correct the violation, such as completing treatment, paying outstanding fines or reconnecting with your probation officer.
Demonstrating accountability and a willingness to comply can influence the court’s decision. In some cases, the judge may choose to modify probation conditions rather than revoke it. However, repeated violations or new criminal charges significantly increase the likelihood of incarceration.
Free Consultation: 913-229-9209
Contact Gary D. Stone immediately to discuss your case. He will give you an honest assessment of the likely outcome, and act quickly to prevent the court from revoking your probation. Your initial consultation is free and major credit cards are accepted.