Probation is when a defendant stipulates to specific conditions and requirements in order to avoid further jail time. However, being on probation does not mean the defendant was not sentenced to a prison term.
Upon being placed on probation, a defendant is sentenced to imprisonment, and then that sentence is suspended, or placed on hold. While the sentence is in suspension, it is the defendant’s responsibility to successfully complete a term of probation and the rules to go with it.
If a defendant successfully completes probation, the sentence is over and the defendant is free to move on with his or her life. If, however, a defendant is found to be in violation of his or her probation, the judge has the option to activate the sentence or take it off of suspension.
For example, the defendant is convicted of a second-time DUI, which results in a 180-day jail sentence and one year of probation. If the defendant violates his probation, he or she will have the probation period revoked and then the underlying 180-day jail sentence becomes in effect.
There are many conditions of probation that are standard in Kansas. Additionally, defendants are subject to “special” conditions, or those which are specific to their case.
The most common types of probation violations include:
- Failure to pay court fees, restitution, etc.
- Failure to appear for a probation monitor’s meetings
- Failure to appear for a court hearing
- Failure to comply with specific conditions, such as completing required programs or community service
- Violation of conditions or rules
- Law violation or committing another crime
- Possession of illegal substances
If you are facing a probation violation, consult with our Kansas City criminal defense attorney at Rokusek Stein, LLC immediately. With more than 30 years of combined legal experience, we understand what it takes to help you avoid probation revocation.