A violation of your terms of probation could lead to probation revocation. But before your probation is revoked, you have the right to a hearing in front of the judge that originally granted the probation. You also have the right to an attorney at this hearing and a JCS Law St. Louis probation violation lawyer would highly recommends obtaining one.
Attorney John Schleiffarth is a highly-skilled criminal defense lawyer in St. Louis. He has years of experience defending people facing probation revocation in Municipal and State Courts across Missouri. If you or a loved one are facing a probation violation hearing, give us a call today for a free consultation.
Services offered by our St. Louis probation violation lawyer
A JCS Law St. Louis probation violation lawyer offers a range of probation violation services tailored to your specific case. Our thorough knowledge of Missouri probation regulations, covered by the Revised Statutes of Missouri, RS.Mo Section 559.036, can make a difference in your hearing outcome.
Representation in court
Probation violation cases are exclusively decided by Missouri judges, not a jury. The burden of proof for the prosecutor is lower than it was for your initial criminal trial, too.
Instead of proving your violation “beyond a reasonable doubt,” the prosecutor only needs to prove that you violated probation by a “preponderance of the evidence.” In other words, they only need to provide enough evidence to show that there is at least a 50% chance that you violated probation.
Your St. Louis probation violation lawyer can refute the evidence presented by the prosecutor or have it excluded from consideration. They also understand what favorable evidence is acceptable in the hearing and can help gather evidence to clear your name.
Review of probation conditions
Some of the terms of probation in Missouri can be quite strict. We review your probation conditions to determine whether the alleged violation is one of the terms of your probation. Or, we can argue that your actions shouldn’t even be considered a violation of the terms.
Defense strategies
A common defense strategy that your St. Louis probation violation lawyer may use is to prove that you didn’t actually violate the terms of your probation. But that’s not the only strategy – below we discuss other arguments that your attorney can potentially make on your behalf.
Remedy the violation
Your St. Louis probation violation lawyer can fix any probation violations, such as completing some of the terms of probation you can address right away. This could mean paying the remainder of court-ordered restitution fees or completing your community service hours as quickly as possible.
Admit and address where you went wrong
If you had a positive drug test and you are required to abstain from drugs and alcohol while on probation, you can take proactive steps to address the violation, like seeking treatment or going to AA meetings.
Demonstrate that you are making a positive contribution to society
The judge determines the probation violation penalty, which doesn’t always mean going back to jail. If your life choices while on probation show that you’re contributing positively to your community, the judge has the discretion to keep you on probation (but expect it to be longer or more restrictive)
Provide quality character references and mentors to speak on your behalf
If you are doing well in a job or an apprenticeship, or if you’ve become active in your church or other community group, then a mentor may be able to vouch for your character.
Counseling and rehabilitation
If your probation violation was for something like a positive drug test or for being somewhere “off limits,” like a bar or liquor store, then your St. Louis criminal defense attorney may argue for structured rehabilitation, like inpatient/outpatient rehab or substance use counseling instead of going back to prison.
We may argue that rehabilitating you and treating substance use will have a more positive effect than incarceration.
Appeals
If your probation is revoked after the hearing, you may be able to file an appeal, which we can discuss with you as applicable.
What are common probation violations?
It’s not uncommon for people in St. Louis to accidentally violate their probation. For example, you may not realize that someone has a criminal record, and so by hanging around them, you may unknowingly violate the “do not associate with criminals” term of your probation.
Or sometimes, people make mistakes – but our probation violation lawyers in St. Louis believe you deserve a chance to explain your side of the story and have a second chance. These are just a few of the most common parole violations in St. Louis:
Failing to report to the probation officer
Your probation agreement includes scheduled meetings with your parole officer, and you’re expected to attend each meeting on time. If a true emergency arises, like getting into a car accident on your way to the meeting, you’re expected to communicate this as soon as possible.
If you skip meetings with your parole officer, you can easily end up back in jail – the P.O. is required to report any missed meetings to the St. Louis courts.
Failing to pay fines or restitution
Part of your sentence likely included paying all court fees and criminal fines dictated by the Missouri Criminal Code. If your charge was for theft, fraud, or another charge where the other party suffered financial loss, then you may have been ordered to pay restitution to them.
If you don’t pay your fees or make a structured payment arrangement with the courts, you could have your probation revoked.
Failing to complete community service
Failure to show up to your community service hours can also result in a probation violation. If you’re having trouble completing your community service, your probation officer may be able to help find other places you can complete your hours. However, it’s still up to you to address any problems, like transportation issues, with your P.O.
Failing a drug test
Remaining abstinent from drugs and alcohol is a condition of many probation agreements, even if your charge wasn’t for alcohol or drugs. If you realize you’re having difficulty staying sober, you can ask your P.O. for help finding resources or treatment options.
Committing a new crime
St. Louis courts take a very harsh stance towards people charged with another crime while on probation. If you commit a crime while on probation, it can be hard to avoid going to prison without the help of an experienced St. Louis probation violation lawyer.
What are the consequences of probation violations?
The judge in a St. Louis probation hearing has full discretion over whether your probation will be revoked or if enhanced. If your probation is enhanced, you’ll be out of jail but will have more restrictions or other non-carceral penalties. The judge may also take other actions, such as the following:
Revocation of probation
If your probation is revoked, then you will go back to jail immediately and serve out the remainder of your term of incarceration.
Increased supervision
Increased supervision may include restrictions on where you’re allowed to go or may restrict your movements by:
- Placing you on house arrest
- Requiring an ankle monitor
- Further restricting places you’re permitted to go to places like home, school, work, P.O. meetings, and any rehab meetings
Fines
Expect to pay all court fees for your probation violation hearing. The judge may also fine you in lieu of sending you back to jail.
Extension of probation
If the judge agrees to allow you to stay on probation, they may extend your probation term, giving you the opportunity to show that you’re serious about rehabilitating yourself.
Defending probation violations
If you did violate probation, there could be a valid reason it happened. But first, the prosecutor must prove that you actually violated probation. We can defend you by:
Challenging the allegations
We question how solid the proof for the allegations against you is or present proof that you did not commit the parole violation.
Explaining the circumstance
Did you accidentally violate your probation terms through ignorance or an unavoidable situation? We present your side of the story so that you get a fair hearing.
Demonstrating compliance
If you’ve been compliant with all the other terms of your probation, but made a misstep with one, then we can argue that you are completing your probation conditions in good faith.
Arguing for rehabilitation
If your probation violation was drug or alcohol use-related, we may ask the judge to allow you to attend inpatient rehab or live in a halfway house, instead of going to jail.
Why hire JCS Law
JCS Law can aggressively defend you in your probation matter. Attorney John Schleiffarth can attack the evidence and challenge your probation officer and any witness statements they may offer. Whether you are on probation for a DWI, weapons charge, or drug charge, we can have your back in the courtroom.
Our St. Louis probation violation lawyer is ready to help
If you receive a notice that you violated probation, don’t panic – as long as you’re out of jail, you still have an opportunity to fix the situation. With the help of skilled criminal defense lawyers at JCS Law, you may be able to remain on probation, but you won’t know unless you contact us today at (314) 561-9690 for a free consultation.
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