Probation Violation

Probation Violation

Your DUI defense lawyer may work out a plea deal for probation as part of a drunk driving sentence. This is when the defendant stipulates to certain conditions and requirements in order to avoid further jail time. The jail time being avoided is called the underlying sentence. The underlying sentence is the amount of jail time which may be required if you fail probation. For example, your criminal defense attorney may work out a deal for a second time DUI conviction, resulting in 180 days underlying jail time, and 1 year probation. (Note: Kansas law requires that you serve a minimum of five days in custody before being allowed on probation, for a second time DUI) In this case, as long as you complied with the terms of probation for a year, you would avoid the 180 days of jail time.

There are specific rules a Kansas criminal defendant must follow when serving probation. If any of these conditions are violated within the probationary time frame, the probation officer may request the prosecutor to file a motion to revoke probation. This motion to revoke probation can result in the probation being revoked and the defendant serving the underlying sentence in jail.

How is Probation Violated?

There are numerous ways to violate your probation. The most common ways include:

  • Failure to Pay – Failure to pay court fees, restitution, and otherwise, may result in a probation violation.
  • Failure to Appear for your probation monitor's meetings - Your DUI probation may be monitored by the court probation officer, court services, or an ADSAP provider. You must attend all your meetings and keep them satisfied in order to successfully complete probation.
  • Failure to Appear in your Kansas DUI Court – This is when you fail to appear for a court appearance such as a time to pay docket.
  • Failure to Comply – when the defendant fails to complete the required programs ordered by the court such as counseling, community service, AA, victims' impact panel, or other required classes.
  • Violation of Conditions or Rules – when the defendant fails to obey any rule or condition issued by the court in a probation agreement, such as driving without a valid license, possessing alcohol, having any alcohol in your systems as shown through a UA, blood draw, or breath test, or having drugs in your system without a legally valid prescription.
  • Law Violation or Committing a Crime – When on probation, you must comply with all laws. Being arrested for another offense whether or not criminal charges are actually filed, when the defendant is arrested within the probationary time-frame, a probation violation can occur. In fact, the standard of proof is less than proof beyond a reasonable doubt.
  • Possession of Illegal Substances – if the defendant is found in possession of illegal drugs, or legal drugs without a prescription, during the probation period.

What are the Consequences to Probation Violations?

If you violate your probation there are several consequences you can face, including:

  • Probation Revocation
  • Jail time
  • Additional fines

If you are facing a probation violation, consult at Kansas DUI lawyer right away. Over the years, our law firm has helped many clients deal with probation violation. Contact us now to speak with an experienced criminal defense attorney. The Overland Park Municipal Court as well as the Olathe City Court have their own probation officers and this often times leads to many probation revocations. The same is true for the Johnson County, KS District Court.