Probation Violation or Diversion Revocation

Often when a defendant is sentenced by a Judge and put on probation, he or she does not necessarily understand the terms of the probation they’re put on, and even more importantly, they don’t understand that if they do not follow the terms very carefully that they are exposing themselves to jail time that was set out in the original sentence.  And if you were originally sentenced in Missouri to an “SIS” or suspended imposition of sentence, you may be subjecting yourself to not only having it hit your criminal record unlike before, but also to potential fines and jail time.

If you have been arrested for violating probation or notified that you must appear in court on revocation of your probation, it is very important to have zealous legal representation at the hearing, contact the Kansas and Missouri Probation Violation attorneys at Kopecky Law, P.A. for experienced legal counsel in these very serious matters.  Ultimately, it is the Judge that must decide whether your probation or diversion is violated, and you deserve to have lawyer that not only know the Judges but also knows how to best approach a particular Judge with your particular set of facts.
We have represented thousands of clients across Missouri, Kansas, and Iowa and are very familiar with what each particular Judge and Jurisdiction likes to see before they would consider putting someone back on probation. 
 
If you have violated any terms of probation (failed to report to your probation officer, face new criminal charges, or failed a drug or alcohol test), there are two very important steps we typically ask clients to do:

1. Re-establishing contact with your probation officer, who can be an ally if you demonstrate cooperation and willingness to return to "compliance" with your probation;
2. We will suggest you take certain steps to present yourself in the best light to the court and probation officer.

You will have a very short period of time between the date the Motion to Revoke Probation is filed and the court date when the Judge will decide your fate. If your alleged violations include positive tests for alcohol or drug use while on probation, you may be able to enter a treatment program before the Revocation Hearing, which may be very helpful; it shows the Judge that you have taken some initiative on your own to try and “fix” the problem that has caused your probation to be violated.  Other favorable factors include:  payment of any outstanding costs or restitution to victims, passing subsequent drug tests, maintaining gainful employment, making all court and probation officer appointments.
The judge has discretion to revoke and then reinstate your probation or diversion– giving you a second change. Or the judge can revoke probation or diversion and send you to serve your jail sentence. As your criminal defense lawyers, we will advise you on the best steps to take to be seen in the most favorable light by the court.