Probation Revocation

Probation Revocation

Defendants are regularly probated out of Jefferson Circuit Court on felony convictions. Probation allows a convicted defendant to remain in the community so long as certain conditions are met during the probationary period. Conditions vary from case to case but often include a prohibition against further criminal conduct, payment toward restitution and court costs and compliance with directives from probation and parole. Usually probationers are required to report to a probation officer, submit to drug screens, and maintain employment. When a probationer fails to comply with the terms of his or her probation, the Commonwealth may move to revoke probation and ask the Court to impose the defendant’s sentence.

Our attorneys regularly represent clients facing revocation of their felony probation in Jefferson Circuit Court. We review case files, including special supervision reports submitted by probation and parole, speak with the client’s probation officer and reach out to the assistant Commonwealth’s attorney assigned to the case. Our goal is to seek an agreement that avoids revocation of the probation. If we are unable to reach an agreement, we assist our clients in determining how to proceed with the revocation hearing. In some circumstances, it is best to stipulate, or admit to the violation, express remorse and present evidence as to why probation should not be revoked. In other instances, it is advisable to go forward with a full hearing that requires the prosecutor to present evidence of the violation. We rely on our experience to assist each client in making an informed decision with regard to his or her individual case.

If revocation is unavoidable, we continue to assist our clients after their sentencing. We provide advice with regard to the timing of shock filings and whether it is advisable to seek parole prior to filing. We believe it is important to extend an open line of communication to our clients at all stages of the criminal process.

If you are facing revocation, it is important that you contact an experienced attorney as soon as possible. If you’d like to learn more about how we can help with your case, contact us to set up a free consultation.

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