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Your Guide To Victory In Missouri’s Probation Violation Cases

Having the correct information is paramount when you or your loved one is facing probation violation charges. Representing yourself in court can be challenging. This underscores the importance of working with an experienced legal team.

Boehmer Law has proven records in winning legal cases across Missouri. Our experienced St. Charles probation violation lawyer can positively influence your case’s trajectory and outcome – and we fight to win.

Defending Against Probation Violations

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 are to either be charged with a new crime or to abscond (stop all contact) with their probation officer.

What Happens If You Violate Probation In Missouri?

Probation in Missouri comes in two primary forms, depending on the probation type:

  • Suspended Imposition of Sentence (SIS): A legal arrangement where a conviction is recorded, but the sentence is postponed
  • Suspended Execution of Sentence (SES): A legal arrangement where a court delays enforcing a jail sentence, opting for probation instead

Like many clients, you are properly asking, “Will I go to jail for a probation violation?” The penalty for a probation violation can vary depending on the terms of your probation and the severity of the violation.

What Should I Do If I Violated Probation?

If you have violated probation, it is important not to admit or deny the allegations without consulting with a qualified probation violation lawyer. Seeking legal counsel early on can help you understand the penalty for probation violation and assess your options.

How Can A Probation Violation Lawyer Help?

The following happens during a probation revocation hearing:

  • The prosecutor can present evidence demonstrating that you violated the terms of their probation
  • The prosecutor’s burden of proof in probation violation cases only necessitates a preponderance of evidence

No matter the nature of your case, our competent Missouri probation violation lawyer can make a notable difference in the outcome during the process of your case. Our attorneys are intimately familiar with Missouri probation laws and procedures and can develop effective defense strategies tailored to your unique situation. As one of the Top 100 Trial Lawyers and a member of the American Academy of Trial Lawyers Premier 100, we hold a perfect Avvo rating of 10.0, which underscores our excellence and unwavering commitment to providing high-quality legal representation.

Your Legal Advocate: Get Help Today

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 who 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 criminal attorneys at Boehmer Law.

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 contact us online or call our criminal defense team at 636-549-8300 in St. Charles to discuss your situation immediately. Do not wait. Make an appointment for a free consultation so we can review the circumstances of your case before it’s too late.