Overland Park Probation Violation Attorney 

Helping Those Accused of Violating Probation in Kansas

If you believe you have violated the terms of your probation, or if a motion to revoke probation has been filed, you should contact a criminal defense attorney immediately. If the Court finds you violated the terms of probation, it could impose harsher conditions, jail sanctions, or flat-out revoke probation and order that you serve the remainder of your underlying sentence. ​​I will guide you through the system, helping you mitigate your situation or fight the allegations. Using a strategy personalized to your particular situation, I will work with you, your probation officer and the prosecutor to get you back on track and on probation.

Call Stolte Law, LLC today at (913) 270-0497 or contact us online to schedule a meeting with our probation violation attorney in Overland Park!

Common Conditions of Probation in Kansas 

The terms of probation throughout Kansas are typically very similar. Kansas law requires that judges impose certain restrictions. If you are placed on probation, you can expect the following terms to be ordered:

• Report as directed to the probation officer
• No new law violations
• Pay all court costs and fees
• Obtain an evaluation for drug/alcohol use, mental health, domestic violence
• Complete counseling
• No association with anyone who has been convicted of a crime or on probation
• No possession or consumption of drugs or alcohol
• No attending places that sell alcohol for consumption on the premises except for employment purposes
• No owning or possessing a firearm
• Maintain full-time employment or education
• Obtain a GED
• No driving without a valid license
• Satisfy all outstanding warrants
• No contact with victims/ witnesses

Common Types of Probation Violations

Probation violations can take various forms, each with unique challenges. At Stolte Law, LLC, we specialize in handling a wide range of probation violation cases, including but not limited to:

• Failure to Report: Individuals neglect to report to their probation officer as required.
• Positive Drug Test: Violations can occur if probationers test positive for prohibited substances during routine drug screenings.
• Failure to Complete Mandatory Programs: Non-compliance with court-ordered programs, such as counseling or community service, may lead to probation violations.
• Missed Court Appearances: Failing to appear for scheduled court dates can result in severe consequences for individuals on probation.
• Contact with Criminal Associates: Probation terms often include restrictions on associating with known criminals. Violating this condition can lead to serious legal repercussions.

Understanding these common types of probation violations is crucial for individuals to navigate their legal situation effectively.

How Long Does it Take to Issue a Warrant For a Violation of Probation in Kansas?

Warrants for violations of the conditions of probation can be issued as quickly as the same day as the violation. In most probation cases, however, warrants take a day or two to issue. The probation officer must prepare all necessary documents to get an arrest warrant and refer the issue to the prosecutor. From there, the prosecutor reviews the application and submits it to the judge for final approval. If approved, the judge notifies the sheriff of the warrant. Then, it is time for the sheriff to conduct an arrest. Click HERE to see if a warrant has been published on the Johnson County Sheriff's website.

What is the Punishment For a Probation Violation?

The punishment for violating the terms of probation could be up to the entire underlying sentence. If a sanction is imposed, judges have broad discretion to impose jail sanctions in misdemeanor cases. With felony cases, the judge may impose a quick dip of a few days or a dunk, which could take several months.

Defenses Against Probation Violation Charges

Mounting a robust defense against probation violation charges is paramount in securing a favorable outcome. At Stolte Law, LLC, our experienced attorneys employ various defense strategies tailored to each case, including:

• Lack of Willful Violation: Demonstrating that the alleged violation was unintentional or beyond the individual's control.
• Procedural Errors: Identifying errors or irregularities in the probation revocation process that may warrant a dismissal of charges.
• False Allegations: Challenging the accuracy and credibility of the evidence presented by the prosecution.
• Compliance with the Spirit of Probation: Arguing that, despite technical violations, the individual has generally complied with the spirit and purpose of probation.
• Negotiating Alternative Resolutions: Exploring options for alternative resolutions, such as modified probation terms or rehabilitation programs.

Our legal team at Stolte Law, LLC, is dedicated to crafting strategic defenses that align with the unique circumstances of each probation violation case.

What Are My Options at a Probation Violation Hearing? 

There are two options at a probation violation hearing: have a hearing on the matter or stipulate the allegations.

To hold a hearing, the probationer must simply inform the judge that he or she wishes to challenge the allegations in the motion to revoke probation. The hearing will be an opportunity to call witnesses, cross-examine witnesses, and challenge the evidence presented by the prosecution. After the hearing, the judge will decide whether a probation violation occurred.

If a stipulation occurs, the judge will ask a few questions to ensure the probationer understands that he or she is giving up the right to a hearing. The judge will find a violation of the conditions of probation has occurred.

After the judge finds that a probation violation has occurred, the judge will decide whether to impose a jail sanction, reinstate probation, or impose a new term of probation.

Kansas law allows judges to impose a reduced sentence at a violation hearing.

How Much Does it Cost to Hire a Top Probation Violation Attorney?

Transparency and trust go hand in hand in every relationship. We think trust is even more important in the attorney-client relationship. We believe our fees are the most competitive in Johnson County, KS. The base fee covers everything that happens at your hearing to determine whether you violated the terms of your probation.

Additional fees will apply in some probation violation cases, such as when experts are needed to refute a claim or travel is necessary. That being said, additional fees are rarely assessed by Stolte Law, LLC.

Contact Our Overland Park Probation Violation Attorney Today

In the realm of probation violations, a proactive and knowledgeable legal approach is essential. Stolte Law, LLC is a steadfast advocate for individuals facing probation violation charges in Overland Park. Our commitment to protecting our clients' rights and pursuing favorable outcomes sets us apart. If you or a loved one is grappling with probation violation charges, contact us for a confidential consultation and discover how our experienced legal team can make a difference in your case. 

Contact Stolte Law, LLC today to meet our probation violation lawyer in Overland Park!