Probation Violation Lawyer St. Louis, Missouri. If you have recently violated the terms of your probation or parole, it is entirely possible that this violation may result in you going to jail. Anyone who has recently broken probation or parole should call an experienced probation violation lawyer as soon as possible. The sooner you call the skilled probation attorneys at Combs Law Group, the better off your results will be. We can communicate with prosecutors and judges regarding your particular situation and work to limit the consequences of your probation or parole violation. Be proactive: call us today at (314) 900-HELP for a free consultation and keep your rights and freedoms.
- Table of Contents
- Probation Laws in St. Louis and Missouri
- Why Probation Violations Are Not Uncommon in St. Louis
- How To Avoid Probation Violations in St. Louis, MO
- What Happens if I Violate My Probation in St. Louis, MO?
- What Are the Consequences of Violating My Probation in Missouri?
- Contact An Experienced St. Louis Probation Violation Attorney
Probation Laws in St. Louis and Missouri
Missouri probation laws are strict. Under Mo. Code Regs. tit. 14 § 80-3.010, when agreeing to probation, you must agree to:
- Obey all laws, and notify your parole officer within 48 hours of any arrest
- Obtain advance permission before leaving the state or area where you are living
- Obtain advance permission before changing your residency
- Maintain employment, or participate in a program approved by your parole officer
- Obtain advance permission before quitting or changing jobs or the program
- Obtain advance permission before associating with anyone convicted of a felony or misdemeanor, or who is also under probation
- Not use any drugs (unless prescribed by a physician) and undergo consistent drug testing
- Not own, possess, sell or transport any firearms or other dangerous weapons
- Report to your parole officer and complete any supervision strategy as directed
- Pay a monthly fee, as calculated under Missouri Revised Statute §217.690
You also need to show up to your mandated meetings with your probation officer.
Why Probation Violations Are Not Uncommon in St. Louis
The St. Louis area has seen a stark increase in the number of probation violations it deals with annually. More often than not, the conditions of someone’s probation are designed to be very difficult to adhere to. For instance, the drug court program requirements in the City of St. Louis require you to call a daily hotline to see if you need to be drug tested, and there’s only one location downtown where you can submit a sample. It’s also easy to associate with someone not knowing they have been convicted of a crime, and some emergencies may take us out of state before we can ask permission.
Of course, in other cases, you may have simply made an error in judgment. Whatever the circumstances of your probation violation in St. Louis, Combs Law Group is ready and willing to give you dedicated advocacy and zealous representation.
How To Avoid Probation Violations in St. Louis, MO
When a Combs Law Group client is given probation for their case, we stress the importance of meeting with their probation officer and getting all terms in writing. This way they know exactly what they are obligated to do as per their agreement with the judge and court that took their case. We have found that many clients who come to us having had probation violations were entirely unaware of the probation stipulation they have violated. Knowing the conditions of your probation from day one is the easiest way to avoid violating it.
It is also important to go straight and avoid any additional charges or contact with law enforcement during your probation period. If you can show the court that you have made a legitimate effort to reform your behavior, there’s a possibility you could get an early termination of your probation. Our firm has helped multiple clients go through the early termination process and fully regain their rights and freedom.
What Happens if I Violate My Probation in St. Louis, MO?
If you violate your probation in Missouri, or are accused of violating your probation, your parole officer will file a Probation Violation Report in the court in which you were originally sentenced. Then, either through a warrant for your arrest or notification of a hearing date, you will be called to court. You will have both a preliminary hearing and revocation hearing:
The preliminary hearing is informal, and you can either request one or waive your right to one. While the hearing is informal, you still have the right to call witnesses and cross-examine state witnesses. The hearing officer will decide if there is probable cause sufficient enough to charge you with a probation violation and proceed to the revocation hearing. As the hearing is informal and does not result in a conviction or revocation of probation, you generally will not be allowed to bring an attorney.
The revocation hearing is the formal hearing, where a judge will determine if the violation occurred and what, if any, the consequences will be. You can — and absolutely should — have a probation violation attorney by your side for this hearing. The revocation hearing is different from a criminal trial in that the prosecution does not need to prove your violation “beyond a reasonable doubt,” and you do not have a right to a jury trial. The judge or parole board simply needs to be reasonably satisfied that the alleged violation took place.
Generally, you and your St. Louis criminal defense attorney have two different options for how to handle the probation revocation hearing:
- Refute the violation — This is akin to pleading “not guilty.” Through witnesses and other evidence, you can explain that the violation did not occur or that the violation had nothing to do with you. For example, a crime was committed in your presence but you had no involvement or knowledge of it beforehand, or a firearm in a car was not yours and you didn’t know it was there.
- Admit the violation — As is the case in many criminal proceedings, if the evidence is stacked against you, it may be best to admit the violation and have your attorney convince the judge to give you a warning or lesser punishment in return for your honesty. Through your lawyer, you can explain any mitigating circumstances that led to the violation. For example, a family emergency or sudden death in the family forced you to go out of state, or you were in a car accident and were unable to make an appointment or drug testing.
What Are the Consequences of Violating My Probation in Missouri?
Under Missouri Revised Statute §559.036, the court may revoke your probation at any time it chooses. There are a few things that may happen if a judge finds you violated your probation:
- You may receive a formal warning, and be allowed to continue your probation as long as you do not commit further violations.
- A judge may extend the period of your probation and/or add additional terms.
- You may be sent to a halfway house or other intervention program.
- If your probation was a Suspended Imposition of Sentence, meaning you were not convicted of a crime but accepted probation as a lesser punishment to a potential conviction, the judge can impose up to the maximum penalty of the original charge.
- If your probation was a Suspended Execution of Sentence, that means you were convicted but offered probation as a chance to avoid jail or prison time. After a probation violation, a judge may then impose the original sentence.
Your chances of being sent to jail or prison are much greater without a criminal defense lawyer by your side. The probation violation attorneys of Combs Law know how to work a courtroom and get the best possible results for their St. Louis, MO clients.
Contact An Experienced St. Louis Probation Violation Attorney
At Combs Law Group, we understand that many people on probation are either unable or unwilling to meet the difficult conditions of their probation. If you have violated probation even through no fault of your own, you should know that you do not have to go through the process of dealing with your violation alone. Our firm has helped many clients across the St. Louis area lessen the impact of probation violations on their record, or even have their probation period ended early. Call us today at (314) 900-HELP or contact us online today for a free, confidential case review.