Probation Revocations

People on probation have no margin for error, and even an honest mistake like missing a monthly payment or forgetting to report to the probation office. The consequences are even greater when a person on probation is alleged to have violated the terms of probation by committing a new crime.

The judge that sentenced you after a trial or plea is the same judge that has authority to amend, modify, terminate, or REVOKE your sentence.

The law requires that active probation supervision shall terminate in all cases after 2 years from the start of active probation supervision unless it is specially extended or reinstated by the judge. However, your active probation supervision shall remain in effect until you complete all requirements and conditions of probation (i.e. payment of fines, court ordered evaluation and treatment).

The sentencing judge cannot revoke any part of any probated or suspended sentence unless the defendant admits (or consents) to the violation or unless the evidence produced at the revocation hearing establishes by a preponderance of the evidence that the defendant violated the terms of probation.

Following proof that the defendant violated a general condition of probation, the sentencing judge can revoke up to two years of the sentence - meaning, that you can go to prison or jail for up to two years for forgetting your appointment to report to your probation officer, or losing your job and getting behind on fines.

Following proof that the defendant violated probation by committing a new felony offense, the sentencing judge can revoke no more than the lesser of the balance of probation or the max time allowed for the new felony offense. Take for example the client that plead guilty to a felony narcotics charge in 2011 and she was sentenced to 9 years on probation. Then in 2013, she was arrested and charged for identity fraud (1st offense). Without the help of a skilled team like Kilgore & Rodriguez, this client could not only face prosecution for the new offense of Financial Transaction Card Theft, but she could spend the next 3 years in prison for violating her probation sentence by committing a felony (Even though the balance of her probation sentence is 7 years, the maximum term of imprisonment for Financial Transaction Card Theft is 3 years).

Following proof that the defendant violated a special condition of probation or suspension of the sentence, the sentencing judge can revoke the balance of probation and require the defendant to serve the balance of the original sentence in custody.

The stakes are even higher for those on that were convicted under the First Offender Act. Following proof that the defendant violated their probation, the sentencing judge can take away their First Offender Status (thus making them a convicted felon for the rest of their life) and re- sentence them up to the maximum sentence allowed for that new offense.

So that is precisely why someone alleged to have violated the terms of their probation is in absolute need of a lawyer with an extraordinary amount of experience in defending clients probation revocation hearings. The stakes are entirely too high and the standard of proof makes it easier for the judge to send you to jail!

Call Kilgore & Rodriguez to give yourself the best chance of protecting you from any more punishment by way of a probation revocation.