KANSAS CITY, KS PROBATION VIOLATIONS & MOTIONS TO REVOKE

Probation is an opportunity to be under the Kansas court's supervision instead of being in jail. Nearly everyone would agree that supervision is better than time in custody. Depending on your charges, you were granted 100% supervision or post-release supervision. Either way, once on probation there are terms you must comply with. If you don't you will possibly be facing revocation and jail time. See below for answers to the most frequently asked questions about revocation.

CAN MY PROBATION OFFICER DO THAT?

Probation's job is to keep you in compliance. They are said to be a continuation of the State's role in protecting the community. For that reason, like other law enforcement officers, they are given wide latitude and discretion about your supervision. In fact, they almost become a quasi-parental figure; however, their authority is not limitless and much of what you can expect is written in the Orders of the court. Here are some of the most common terms of probation:

• Drug and alcohol evaluation. Follow the recommendations;
• Community service hours;
• Fines and fees;
• Employment - get or maintain it;
• Prevent you from owning a firearm, or make you turn yours over;
• Inability to leave Kansas, and sometimes the county, without permission;
• Abstain from drugs and alcohol;
• Submit to random U.A.s;
• Mental health evaluation. Follow recommendations;
• Registration as a sex offender;
• Complete domestic violence classes;
• Complete parenting classes;
• Give you a curfew;
• Attend school (juvenile cases);
• Put you on electronic monitoring;
• Not allow you to drive (DUI, driving while revoked/suspended, etc.)
• Restrict your ability to go to bars, casinos or anywhere where alcohol is the business;
• Tell you where you may live and whom you cannot live with;
• Prohibit your contact with friends, certain people and family members (sex crimes, domestic violence, felons, etc.);
• Enforce house arrest; 
• Require you to report any and all police contact;
• Prevent your international travel, and have possession of your passport;
• Demand that you make child support payments;
• Make you report to probation, etc.

Yes. There are more things than those listed above you can be required to do while on probation. In fact, your probation officer can drop by your job, home or school. They can contact your service providers to check on your progress. They can force you to report at a date or time that is not convenient for you. They can add terms to your supervision (within limits). They can insist that you answer prying questions and make certain admissions. It can start to feel impossible to be successful under supervision.

If you have reason to believe what you are being asked to do is outside of the officer's authority then you should call a Kansas defense attorney. If you are already facing violations you need help TODAY. Call Attorney T. Morton for your free 20 minute consultation at (913) 602-7288.

REVOCATION FOR NEW CRIMES

Most often those on probation face revocation motions because of new criminal charges. If you are actively on probation and arrested in Kansas your probation officer will likely be immediately notified. Depending on the charges, you may be placed on a probation "no bond hold". An arrest, for any crime, typically will prompt your officer to file a request for revocation. This can also apply to a Diversion agreement.

Sometimes though probation does not find out about your new charges immediately. That may be for a number of reasons:

• Your new charges stem from out of state violations;
• You were at the end of your probation term when new charges arose; or
• You probation ended before you were convicted of a new crime.

If your officer gets wind of the charges after-the-fact it is possible, in Kansas, that you still may face revocation. Besides new criminal convictions, you can be revoked for being outside of compliance with any of the abovementioned terms too. This CAN happen even if your probation had otherwise been successfully completed. The Kansas statute has rules about how much time probation has to revoke. You should call NOW to discuss your circumstances at (913) 602-7288.

WHAT TO EXPECT AT A REVOCATION HEARING

Once your probation or parole officer applies to revoke, the prosecutor will review the request and, if just cause is present, will file formal Motion for Revocation. A judge will review the documents and issue a warrant for your arrest. If you are already in custody they will tack this onto your charges, and possibly "no bond" hold you. You then have the option to stipulate (agree that you violated your Kansas probation or parole), or complete the hearing. 

Stipulating - This requires you to waive your rights to a hearing. You will then tell the Kansas courts that you violated the terms of probation. Prior to this process you will want to know the prosecutor is willing to make sentencing recommendations. What you stipulate to can be negotiated;

Hearing - Just like a trial, during a hearing you will have the ability to challenge the allegations. Both sides can call witnesses, cross-examine witnesses, present evidence, etc. These are tried in front of the presiding judge, who will determine if you did violate and also will sentence you. The State is likely not going to make recommendations that are helpful to you should you loose at a hearing; and

Sentencing - It is possible that a number of outcomes will occur during sentencing. Some potential outcomes are: jail or prison time, new post-release supervision terms, reinstatement of probation or parole, etc. If you have an underlying sentence you will be facing the full term of that sentence. If you have new Kansas, or out-of-state, charges you will be facing serving time on both your old and new charges. 

POTENTIAL DEFENSES & STRATEGIES FOR KANSAS PROBATION OR PAROLE VIOLATIONS

All allegations have facts, circumstances, exceptions, rationale, explanations, etc.. Remember that what makes sense will depend on your personal set of facts. Here are some frequently used defenses and strategies:

• Violation was not within your control (ex. missing probation appointments because you were in custody elsewhere);
• No new conviction;
• Minor infractions (ex. fines & fees not paid) that can be immediately corrected;
• Agreement to become compliant making the request moot (ex. failure to report change of address);
• Rehabilitation enrollment or completion;
• Revocation and reinstatement of probation;
• Running the terms of new sentencing concurrent;
• House arrest or electronic monitoring, in instead of jail time;
• Error by probation or parole officer;
• Mistaken fact or false allegations; and more.

If you have underlying prison time you may automatically be sent to the KDOC to serve all or some of that. In some instances you may be forced to serve mandatory minimums (ex. DUIs, sex crimes, habitual offense, etc.) but the terms thereafter are negotiable.

you are facing a revocation. what should you do now?

The Motion for Revocation can act as a roadmap for getting back into compliance. Even if the revocation has been filed, it is still possible to get it withdrawn and cure the issues. However, that does not work in every case and you should not handle these matters alone. You will know almost immediately if this is something that can easily be fixed or not. This office suggests that you never stipulate or handling a hearing without the sound advice of a Kansas criminal defense attorney. 

Feel free to call us today (913) 602-7288. 20 minute consultations are free and payment plans are available. 

ATTORNEY T. MORTON
​7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
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Serving Johnson County District Court, Overland Park Municipal Court, Leawood Municipal Court, Shawnee Municipal Court, Merriam Municipal Court, Lenexa Municipal Court, Mission Municipal Court, Prairie Village Municipal Court, Roeland Park Municipal Court, Olathe Municipal Court, and a host of other courts in Johnson County Kansas.

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