The simple answer is to take probation very seriously, read the conditions of probation and follow them, if you have any question ask your lawyer or your probation officer what is required. Always follow the rules and the odds you will face a revocation is very slim.

Most people are reading this after they have already had a problem while on probation and they are trying to figure out how to keep from losing probation. If you fall into this category, listen up. Follow these rules and ask these questions to try to keep yourself out of jail.

  1. Hire a lawyer. Look for a lawyer that has experience in the jurisdiction in which you have your case. Ask potential lawyers how things work in that court. If they can’t answer simple questions or tell you about a similar case they had in that court, move along. You want a lawyer that has experience with the court, the judge and the prosecutor. Do not try to fix this yourself.

  2. Look at the allegations in the motion to revoke. Ask your lawyer if they can prove their case. It is the prosecutor’s burden to prove you violated, you don’t have to prove that you didn’t violate. If you don’t understand the difference ask your lawyer. If they don’t understand the difference, hire a new lawyer.

  3. Make sure the timeline is correct. If the prosecutor is filing a motion to revoke they have to allege that the violation occurred while you are on probation. If the time frame doesn’t line up you may be able to resolve the issue right there. They have a time limit on when they can file the motion as well. If the motion is filed out of time, you may get the motion denied.

  4. Look at the witnesses the prosecutor intends to use to prove the violation. Are they out of state witnesses? Can they actually get them into court? Can they provide sufficient evidence that you violated probation? If the prosecutor can’t prove their case get prepared to argue.

  5. If you can’t get out of it and the prosecutor can prove their case, start negotiating. Here are a few things to ask.

    1. Will the prosecutor agree to withdraw the motion if you fix the violation?

    2. Will the prosecutor make a recommendation to reinstate your probation if you agree you violated it?

    3. Will the prosecutor agree to lengthen the probation and withdraw the motion if you agree to lengthen it?

    4. Will the prosecutor agree to make a recommendation to the judge to just give you a sanction (small punishment) and reinstate your probation?

    5. Will the prosecutor agree to modify your sentence to a lesser sentence (like house arrest instead of jail) if you agree you violated probation?

    6. Will the prosecutor agree to modify your sentence to a lower sentence (like 30 days jail instead of 90 days jail) if you agree you violated probation?

These are just a few of the things your lawyer may be able to negotiate on your behalf. If you have a pending probation violation contact a lawyer in the jurisdiction in which you have your case. The criminal defense lawyers at Roth Davies assist clients facing probation violations in many courts in Johnson County Kansas including: Johnson County District Court, Overland Park Municipal Court, Roeland Park Municipal Court, Shawnee Municipal Court, Lenexa Municipal Court, Olathe Municipal Court, Mission Municipal Court, Merriam Municipal Court and various other courts. Call today for a free consultation.