Probation Violation
Attorney in Wichita, Kansas

Probation violation in Kansas is a serious offense that usually has steep consequences including additional sentencing or jail time. Each case is unique and depends on the circumstances of the probation and terms that were violated.

If you’ve been arrested and charged with a probation violation, you need to retain an experienced Kansas probation violation attorney as soon as possible. My law firm, Philip L. Weiser, Attorney At Law, can provide you with the help and strong representation you need.

The Philip L. Weiser, Attorney At Law, is proud to serve clients in Wichita, Kansas, and other neighboring communities, including Sedgwick County, Butler County, Reno County, Harvey County, and Sumner County.

Probation in Kansas

In Kansas, probation is a sentencing option for defendants that are convicted of crimes. Probation may eliminate or reduce the time that an offender must spend in jail. To determine if an individual is eligible for a non-prison sentence in Kansas, the following factors are considered:

  • The criminal history score of the defendant
  • The level of the current crime charged

Probation is often imposed by a judge and monitored by the court or a probation officer to ensure that the defendant complies with the terms of the probation.

How is Probation Violated?

A probation violation is an offense that is committed when, at any time during the probation period, a defendant ignores, refuses, avoids, or breaks the probation terms and conditions. Some of the ways probation is violated include:

  • Failure to report to the probation officer
  • Failure to pay fines or restitution
  • Failure to appear for a court date
  • Traveling outside the area without permission
  • Committing another crime or offense
  • Arrest for an unrelated crime
  • Using, possessing, or selling controlled substances
  • Failure to complete community service
  • Visiting certain places or people associated with criminal activities

Facing A Probation Violation?

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Consequences of Probation Violation

According to the Fiscal Year 2017 Annual Report by the Kansas Sentencing Commission, of the total number of sentences, 7,934 (52.7%) were probation sentences. If you are found in violation of probation or any condition of your release, the court may issue an arrest warrant (KS Stat § 22-3716). The consequences of probation violation may include:

Warning or Request to Appear in Court

The probation officer may issue a warning or require you to appear in court for a probation violation hearing. Depending on the severity of the condition violated, your past probation violations, and other surrounding circumstances, the probation officer will impose some form of penalty which may include jail time.

Determination of Probation Violation

During the probation hearing, the sentencing judge will hear your case to determine whether you violated any conditions or terms of your probation. To determine whether you are guilty of the charges, the judge will consider the type, nature, and seriousness of the alleged violation, your probation violation history, and other mitigating circumstances.

Sentencing

If you are found guilty of violating the terms or conditions of your probation the court may: 

  • Extend your probation or order new terms of your probation
  • Extend the length of your probation term for up to 5 years
  • Revoke your probation and impose the original sentencing
  • Revoke your probation and impose maximum sentencing allowed by Kansas law
  • Order you to perform community service for a local charity organization or government entity
  • Order you to attend counseling or behavior programs
  • Find you in contempt and order you to serve a jail sentence of up to 30 days
  • Order you to partake in substance abuse treatment programs

How an Experienced Criminal Defense Attorney Can Help

Defending your probation violation charges on your own may increase your risk of getting maximum penalties. An experienced criminal defense attorney can provide you with the comprehensive legal guidance and strong representation you need.

I worked on the police force for 15 years before turning to criminal defense so I have extensive knowledge of the law. As your legal counsel, I will fight to protect your rights, conduct an extensive investigation of your case, and attempt to refute the charges against you. 

Probation Violation Attorney in Wichita, Kansas

If you are facing probation violation charges, don’t face them alone. Call my law firm, Philip L. Weiser, Attorney At Law today to schedule a case evaluation. I will fight to protect your best interests. I proudly serve clients in Wichita, Sedgwick County, Butler County, Reno County, Harvey County, and Sumner County, Kansas.