Criminal Defense Law Firm Serving Johnson County and Wyandotte County
A common misconception in sentencing is that “I only got probation.” It is imperative to understand that Probation is not given instead of jail time. Rather, jail time ordered but is suspended only for as long as the defendant satisfies all terms of probation. The full sentence can be executed by a judge if any of the probation terms are violated.
If you have been arrested for violating probation or notified that you must appear in court on revocation of your probation, it is very important to have solid legal representation at the hearing. Contact Kansas probation violation attorney Paul D. Cramm for experienced legal counsel in these very serious matters.
Overland Park Probation Violation Attorney Serving the Kansas City Area
My law practice is focused exclusively in criminal defense, and I have represented many clients in probation hearings. Based in Overland Park, Kansas, I see clients in Shawnee, Lenexa, Overland Park and the Kansas City area (Johnson County and Wyandotte County, plus Jackson County, Missouri).
Act Quickly to Protect Your Rights – And Make a Good Impression
If you have violated any terms of probation (failed to report to your probation officer, face new criminal charges, failed a drug or alcohol test), there are two critical steps:
- Re-connecting with your probation officer, who can be an ally if you demonstrate cooperation and willingness to return to “compliance” with your probation;
- Taking steps to present yourself in the best light to the court
You typically have a window of 30 to 45 days between the date the Motion to Revoke Probation is filed and the date of the court hearing at which the judge will decide your fate. If your alleged violations include positive tests for alcohol or drug use while on probation, you may be able to enter a treatment program before the Revocation Hearing. Payment of any outstanding costs or restitution to victims, passing subsequent drug tests, maintaining gainful employment, making all court and probation officer appointments – all of these can work in your favor.
The judge has discretion to revoke and then reinstate your probation – giving you a second change. Or the judge can revoke probation and send you to serve your jail sentence. As your criminal defense lawyer, I will advise you on the best steps to take to be seen in the most favorable light by the court.
Expungement of Records after Probation
If you have successfully completed probation and have since stayed clean, you can petition the court after 3 to 5 years (depending on the crime) to have your criminal record expunged, or wiped clean. This applies to most non-violent felonies, as well as most misdemeanor crimes. Some more serious felony offenses and cannot be expunged.