Festus Probation Violations Attorneys

Fighting to Keep You Out of Jail

Probation violation is a serious offense in Missouri. This is largely because your actions indicate a “breach of trust” to the courts. When you’re placed on probation, Missouri’s courts are trying to give you another chance to become a better citizen without sending you to prison.

When you break the rules of probation, the courts may take your actions to mean that you don’t care about the faith they extended to you. Therefore, sometimes the law comes down hard on offenders who violate their probation agreements.

However, all is not lost, even if you have been charged with violating probation. With the help of experienced probations violations lawyers in Jefferson County, MO, you have a chance at getting the courts to possibly be less harsh depending on the circumstances. At Grafe & Batchelor Attorneys at Law, we’re dedicated criminal defense attorneys in Festus, MO, who have dealt with our share of probation violations cases.

We’re committed to getting you favorable outcomes. Our previous experience gives us the unique advantage and insight necessary to defend you effectively. If you’ve been charged with probation violations, call us today at 636-933-9151 to schedule a free consultation.

What is Probation Violation in Missouri?

At Grafe & Batchelor, P.C., we understand how serious a probation violation can be. In Missouri, probation is often granted to individuals convicted of certain crimes as an alternative to prison time. This option is typically offered to first-time offenders or those convicted of less severe crimes. Probation allows a defendant to serve their sentence outside of jail, under the supervision of probation officers, with certain conditions to follow.

For example, a person might be convicted of running a red light during a legitimate emergency—such as rushing to the hospital while their spouse is in labor. If no accidents were caused, the court may decide that a probation sentence is appropriate rather than imposing harsher penalties. In this case, the defendant could be given the opportunity to serve their sentence through probation, with specific terms they must follow, such as maintaining employment, attending counseling, or staying out of trouble with the law.

Probation Conditions in Missouri

Probation often comes with conditions that may include drug testing, paying fines, or keeping regular appointments with a probation officer. Violating any of these conditions can lead to serious consequences. If you fail to comply with your probation terms, the State Board of Probation and Parole can charge you with a probation violation. This could result in additional criminal charges, longer probation, or even jail time. It’s important to understand that a probation violation is treated seriously, and the court has wide discretion in determining the consequences.

Crimes that may result in probation include, but are not limited to:

• Drug possession
• Theft or shoplifting
• Assault
• Fraud
• DUI/DWI offenses
• Domestic violence

If you have been accused of violating probation, you need experienced legal representation to protect your rights and freedom. The legal team at Grafe & Batchelor, P.C. is here to help. We work closely with clients to evaluate the circumstances surrounding their violation and create a defense strategy tailored to the situation. Don’t risk facing the additional consequences of a probation violation charge—contact us today to discuss your case.

Common Probation Conditions in Jefferson County, MO

In Missouri, once the court issues you a probation sentence, you’ll be compelled to report to the State Board of Probation and Parole. This is the board that will monitor you to make sure that you’re living within the rules set by the courts.

This board typically has a few rules. You might be required to:

• Consistent report to your probation officer. You’ll have one assigned to you after the ruling.
• Provide information to your probation officer about your residence.
• Avoid all illegal activities. This includes the consumption and dealing of illicit substances, as well as engaging in other illegal acts.
• Not travel out of state without permission from your probation officer and the board.
• Maintain zero contact with all known criminals, including ex-cons.
• Have any new employment abeen pproved by the board.
• Be prohibited from owning or carrying any firearms. This usually applies to all probations for misdemeanor cases related to firearms and felonies.

These are just some of the general conditions. Every crime has its own associated conditions. Failure to comply with any of these terms and others associated with your probation automatically exposes you to a possible charge.

Types of Probation in Missouri

Understanding this is crucial to the case we prepare for you. The type of probation you’re given will determine how we approach your defense.

Suspended Imposition of Sentence (SIS):

Under an SIS, the court imposes a sentence but suspends its execution. Essentially, the defendant is not sent to jail but is placed on probation instead. If the defendant successfully completes the probation terms, the court does not impose the sentence and the conviction may not appear on the defendant’s permanent record. However, a probation violation during this period can result in the full sentence being carried out.

Suspended Execution of Sentence (SES):

An SES is similar to SIS, but with key differences. The court imposes a sentence and then suspends its execution, but this time the conviction will appear on the defendant’s record. The individual is allowed to serve the sentence in the community under the supervision of probation officers, provided they follow all probation conditions. A probation violation in this case may lead to jail time and a criminal record that will follow the defendant.

Diversion:

Diversion is a form of probation that focuses on rehabilitation, typically for first-time offenders or individuals convicted of non-violent crimes. The goal of diversion is to steer the defendant away from the criminal justice system by requiring them to complete certain programs, such as counseling, community service, or substance abuse treatment. Upon successful completion, the defendant may avoid a conviction on their record. However, violating diversion terms can result in the original charges being reinstated.

Each of these probation types offers unique terms and conditions designed to ensure the defendant’s rehabilitation while avoiding jail time. However, probation is not without risk. A probation violation can lead to serious consequences, including the imposition of the original sentence, jail time, or additional criminal charges. Violating the terms of probation, such as failing to report to probation officers, missing court-ordered appointments, testing positive for drugs, or committing another crime, can trigger a probation violation charge.

What if Your Probation is Revoked?

A revoked probation is often the result of failing to adhere to the terms and conditions set by the court. However, a probation revocation does not automatically lead to jail time. At Grafe & Batchelor, P.C., we understand that probation violations can occur for a variety of reasons, and we work to protect your future by evaluating every detail of your case. Depending on the circumstances surrounding your revocation, we can take steps to mitigate the consequences and present a strong defense.

When probation is revoked, the court considers several factors before imposing any penalties. One of the first things we will assess is the type of probation you were on, whether it was a Suspended Execution of Sentence (SES), Suspended Imposition of Sentence (SIS), or diversion.

In addition, we will examine the specific facts surrounding your case, including whether this is your first offense. The court typically takes a defendant’s criminal history into account when deciding how to proceed with a probation violation. If this is your first offense or if you have demonstrated an effort to comply with probation terms, the court may show leniency.

While minor violations, such as missing a probation meeting or failing to pay fines, may result in a less severe consequence, more serious violations carry more weight in the court’s decision. For example, violations involving drug possession with the intent to use or distribute can lead to more severe penalties. In such cases, the court may impose the full sentence, additional charges, or even jail time.

Why You Need a Seasoned Probation Violations Lawyer in Festus, MO

This is where Jefferson County probation violations lawyers like Grafe & Batchelor can help.

We’ll work with you and try to help you arrange the best possible outcome given your circumstances.

Come talk to us today. Call 636-933-9151 to schedule a free consultation.