Probation violation for felony offense ky

Graduated sanctions for technical violations of probation and compliance incentives system. This administrative regulation establishes graduated sanctions for responding to violations of probation.

Our skilled parole violation attorneys and probation violation attorneys are always prepared to do a full investigation and defend your case, all while protecting your rights from the prosecution while they pursue their parole or probation violation case against you. Our law firm and parole violation attorneys and probation violation attorneys are going to make certain that the Commonwealth of Kentucky is held to their burden of providing their case beyond a reasonable doubt. Probation and parole are similar, as they are penalties for someone facing charges and convictions of a crime in Kentucky. But, they are different in an important way. Probation is a possible punishment for most violations and misdemeanors of any degree and in a few cases, even for felonies in which a person is never sent to prison and is forced to follow strict rules while being free to continue living without first going to jail.

Probation violation for felony offense ky

Probation is usually a substitute for jail or prison. Unlike parole , it is an alternative to confinement rather than a release into the community following confinement. Judges do not have to grant probation if they feel that the defendant belongs in confinement. Probation lasts for a certain period, as determined by the judge. A judge will impose certain conditions of probation, violation of which might result in jail time or other penalties. Fortunately, under certain circumstances, a judge has the discretion to shorten the length of probation during the probationary period. Under Kentucky law, you are ineligible for probation if your offense involves the use of a deadly weapon. The only exception is using a weapon in certain cases of domestic violence where the victim, although guilty of a crime, did not act completely without justification. Conditions of probation vary from person to person, and compliance can be difficult. Following are some examples of typical conditions of probation:. The judge or your probation officer may impose other conditions upon you. If you violate any of the conditions of your probation, you could face one or more of the following penalties:. Remember that some probation violations are also independent violations of the law that can result in additional penalties. Remember that you are not entitled to a jury trial for a probation violation. Consistently violating the terms of your probation could put you on a merry-go-round that could prove extremely difficult to exit.

Nevertheless, probation resources are strained.

The intent behind probation is to discourage further criminal behavior while providing an opportunity for rehabilitation. Under Kentucky law, it can be imposed as an alternative to imprisonment or in addition to imprisonment. The terms can be quite complex, making it easy for offenders to disregard them without meaning to do so. Even relatively simple matters such as failing to report a change of address can constitute a violation. The founder and managing partner of our firm, Dan Carman , has wide-ranging experience from when he served in the United States Marine Corps as defense counsel, prosecutor, legal assistance attorney, and in-house counsel for an infantry battalion. This background gives him a valuable understanding about both sides of the legal process, which can be very beneficial to his clients.

The court may modify or enlarge the conditions or, if the defendant commits an additional offense or violates a condition, revoke the sentence at any time prior to the expiration or termination of the alternative sentence. Have a question? Click here to chat with a criminal defense lawyer and protect your rights. Terms Used In Kentucky Statutes To make such a request is "to appeal" or "to take an appeal. Conviction : A judgement of guilt against a criminal defendant. Defendant : In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Plea : In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Probation : A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Probation violation for felony offense ky

Hello there! As an expert in criminal justice, I know that being placed on probation can be an overwhelming experience. My goal with this comprehensive guide is to help you understand the ins and outs of probation in Kentucky. Probation is a sentencing alternative to incarceration. Rather than serving time behind bars, individuals convicted of a crime may be given the opportunity by a judge to serve their sentence under strict supervision within the community. The purpose of probation is rehabilitation and public safety. Probation aims to turn offenders into law-abiding citizens while still holding them accountable. It also costs a fraction of imprisonment and helps alleviate prison overcrowding. Judges grant probation to offenders they believe have a good chance of reforming based on factors like criminal history, employment, community ties and attitude.

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To start the process, the officer sends the offender a written notice of the grounds; a preliminary hearing is then held to determine whether there is sufficient probable cause. This form is encrypted and protected by attorney-client confidentiality. Judges have wide discretion to come up with probation conditions that are fitting and proper to the end that justice may be done. If you violate a condition of probation, then the judge can order you to serve the maximum jail term for hit and run or, 3 years. Ultimately, the judge decides the issue. If you are accused of any probation violation, you have a right to a trial, or actually a probation hearing, in front of the Administrative Law Judge and the Parole Revocation Hearing at the Parole Board. But the judge then suspends that jail term and awards you with formal probation. Court order violations are typically considered misdemeanors in Kentucky. Our promise to you is based on a simple principle — focus on your goals and achieve exceptional results. Curfew up to days Community Service hours Halfway House days Discretionary Detention with Supervisor Approval Jail Time in excess of 10 days up to 30 days requires hearing with releasing authority. Not appearing at your court date.

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We will then create the best defenses in your trial and strive to avoid the harshest sentence or any penalties at all. Ultimately, the judge decides the issue. These are that the judge can:. Fortunately, under certain circumstances, a judge has the discretion to shorten the length of probation during the probationary period. After a conviction, a citizen is not subject to many of the same rights that they used to enjoy. If the offender states that he cannot read, then the officer shall read the report to the offender; and. Parole and Probation Violations After a conviction, a citizen is not subject to many of the same rights that they used to enjoy. Discretionary detention for probationers shall be implemented pursuant to this administrative regulation to the extent that it is not in conflict with the orders of the court. See, for example, People v. Using a weapon if you have been prohibited to do so. At your sentencing hearing in California , you can argue why you are amenable to probation and should be placed on felony probation instead of being incarcerated.