Probation Violations Attorney in Independence, Missouri
Even after a person has served their prison sentence and been released, problems don’t always end there. Parole or probation violations can hang over a person’s head, making it difficult for them to effectively re-enter society. Adding insult to injury, if they slip up and violate parole or probation, they will likely have their sentence increased as a penalty for the violation itself. Knowing how hard they have fought for their freedom, the possibility of losing that freedom all over again is very discouraging for most people.
Whether or not they were intentional, parole violations or probation violations often result in the person returning to prison. Understanding, negotiating, and fighting these high-stakes charges requires representation from a skilled criminal defense attorney like Michael J. Englert. Attorney Englert has spent over three decades representing clients throughout the Independence, Missouri area, including Blue Springs and Lee’s Summit. As a former prosecutor and judge, Attorney Englert understands how to approach cases that give his clients the best possible chance at seeking results.
How is Probation & Parole Violated?
Violations of parole and probation occur when a person fails to meet the terms of their probation, as ordered by the court. Probation violations can result from a number of scenarios, including:
Failing to report in with your probation officer when you’re supposed to
Failing a drug test/urine test
Being charged with another crime
Contacting someone with an injunction against you
Failing to attend court-ordered drug or alcohol treatment
Leaving the jurisdiction without permission
No matter whether the violation involved a failed drug test, failure to report to their probation officer, or other infraction, the person could receive the full punishment for the original crime.
Consequences of Probation Violation
Violating probation or parole is a serious offense. In Missouri, probation is an opportunity to show personal accountability while either avoiding jail or prison time. In the eyes of the state, they have provided the probationer the opportunity to “make things right.”
When someone breaks their probationary rules, that’s a violation of their probation. A probation officer or a prosecution attorney can then send a report to a court, which can choose to do any of the following: 1) issue an arrest warrant, or 2) require a probation revocation. If an arrest warrant is issued by the court (or a probation officer), the probationer needs to report to the legal system immediately.
There is one important thing to note in relation to probation revocation hearings. Probationers will only be convicted of violating probation if it can be proven that they did so on purpose, through carelessness, or were negligent.
One of the drawbacks of being on probation or parole is that the person already has a criminal conviction. Consequently, the presumption of innocence is gone. Furthermore, judges make these judgments without juries, so there is no jury trial.
What are Some Punishments for Probation Violation?
If you are charged with a probation violation, there are several possible punishments, and it is entirely up to the judge’s discretion. Some punishments may be:
Extend the length of probation
Continue probation as usual
Require counseling with a counselor
Send you to jail
Depending on the type of probation that was violated, the court has the full range of punishment for the underlying offense at its disposal. Because of the gravity of the potential outcome, it is crucial to hire an experienced attorney who understands the intricacies of the probation violation process. The right criminal defense attorney will argue on the probationers’ behalf, presenting evidence that no probation violation occurred, or if it did, that they should still be permitted to continue on probation.
Probation Violations Attorney Serving Independence, Missouri
Attorney Michael J. Englert has the experience and resources to represent and help clients deal with probation violations. He reviews all the surrounding facts of the case, helps clients understand their possible legal options, and outlines a strong defense for their personal situation. As legal counsel, Attorney Englert fights for his clients every step of the way. Call Attorney Englert at his Independence office to discuss your case.