Probation Violation

If you’re a criminal offender in Northern Kentucky, you might be eligible to receive probation. Probation is the opportunity to serve your sentence while living a free life in your community. As part of the probation agreement, an individual may be required to follow particular rules and requirements. If these rules and requirements are violated, the individual may face an increased risk of incarceration. Working with an experienced Northern Kentucky probation attorney is an excellent way to see if probation is an option for you.

Many individuals who have been charged with a crime or found guilty often wonder if it’s possible to avoid the process of incarceration by receiving probation.  Attorneys experienced in criminal law are well aware of the crimes you have been charged with and whether you will be able to serve probation. An experienced Northern Kentucky Attorney will be able to provide guidance about your next steps and provide you with realistic expectations for your case.

In the state of Kentucky, not all crimes are eligible for probation. Those situations where your crime involved the use of a weapon, for example, do not allow you to seek probation as an alternative to incarceration.

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There are strict rules connected to your probation agreement, which might be altered depending on your individual situation. Typically, most probation agreements will include sections that do not allow you to:

  • Associate with convicted felons.
  • Avoid using or possession alcohol or drugs.
  • Avoid breaking any laws.
  • And to submit to random drug and alcohol testing.

In addition, it’s often required that you obtain and keep a job while on your probation agreement. If you violate these rules, you will need the help of a Northern Kentucky probation violation attorney.

If you violate your probation, including a failure to report to your probation officer, you could face being incarcerated. In this situation, probation might be revoked. The penalties associated with probation violation might vary from individual to individual, but the consequences can be unfortunate and can keep you back from returning to your life before the charges and conviction. The standard of proof required for a probation violation is less than what’s required for a criminal conviction, and you don’t want to move forward in a probation violation case without the guidance of an attorney.

Even being charged with a new offense (even if that charge is minor and no conviction occurred) is enough to start a probation violation case. The court is not required to determine that you are guilty beyond a reasonable doubt. The court is only required to find that you violated the probation agreement through a preponderance of the evidence. In this case, you are less protected than a regular trial, and you may face increased punishments and even incarceration. It’s important to take your probation violation case seriously by hiring an attorney to help you.

Don’t wait until it’s too late. If you’ve been accused of probation violation, contact me today to find out your options.