Probation Violations

Probation Violations or Revocation

A probation violation is when an individual does not complete or breaks a term of their probation. Every probation comes with a standard set of conditions. The two most notable conditions are to report to your probation officer on a consistent basis and not to obtain a laws violation, for example getting arrested. Many probations have extra conditions ordered by the court known as ‘’special conditions of probation”. Understand that the probation officer may also add special conditions to probation as it deems necessary during their supervision of the defendant. Two prime examples of special conditions may be community service or drug testing. 
 
When conditions of your probation are violated, a report is sent to the court by either a probation officer in report form, or the prosecuting attorney in the form of a motion to revoke probation. The court may also decide to send notice to revoke a defendant’s probation on its own when it receives a violation notice. The court may then decide to issue a warrant or a notice of a court date to the defendant. It should be noted that in the state of Missouri, the probation officer also has the authority to issue its own warrant for the defendant upon receiving knowledge of a probation violation. A defendant can be arrested at the probation office, so it is extremely important to contact an attorney immediately upon belief by the defendant that a violation has occurred. Two of the worst violations a defendant can commit while on probation is to either be charged with a new crime or to abscond (stop all contact) their probation officer.

As your attorney working on your probation violation, we know it is important to contact the prosecutor, the probation officer and the court in order that the warrant issued or court date set may be dealt with quickly so the violation of probation can be remedied swiftly. A key factor in the outcome of your case may be having the right attorney that can convince all parties involved that the defendant has remedied their violation and is still a good candidate for further probation. You want to hire someone with the knowledge and experience like the attorneys at Boehmer Law who are experts in this area.

Keep in mind that a probation violation hearing is considered by the courts to be a civil matter and carries a lower burden of proof for the state to convince the court you violated your probation. If you find yourself or a loved one in this situation please call Boehmer Law immediately to discuss your situation. Do not wait, make an appointment for a free consultation so we can review the circumstances of your case before it’s too late. 636-896-4020

Share by: