Probation is not an option for everyone convicted of a crime. It is sometimes handed down as an alternative to jail time, and the offender is assigned a probation officer to monitor behavior. Each case is different, so there isn’t one set of rules to follow. Terms and conditions may vary, but one fact rings true for them all: it’s up to you to make sure you stay out of prison.
Conditions of Release
A person on Circuit Court probation is assigned a Probation Officer by the Kentucky Division of Probation and Parole. Someone on District Court probation may be supervised by CAP, KAP, or an Adult Probation Office. This is the person in authority who keeps track of the individual on conditional release and assures that the terms of probation are being met. Sex offenders have additional conditions, including sex offender registration.
- Reporting to the Probation Officer as directed
- Drug testing
- Drug or alcohol education program attendance
- Monthly fees
- Community service
- Maintaining a residence and job
- Staying within a designated area or region
- Being subject to search and seizure
- Avoiding further crimes or associating with criminals.
If any one of the conditions of release is violated, the Probation Officer may, in some circumstances, offer and/or impose consequences as he or she sees fit, or he or she may send you back to the sentencing judge.
Consequences of Probation Violation
In the case of a minor or isolated violation, you may be given only a warning. The more serious the violation, or the more frequently you have broken the rules, the more serious will be the consequences, both in punishment and as a deterrent. Your Probation Officer may do one or more of the following:
– Give you a verbal warning
– Send you to treatment, either out-patient or intensive
– Put you on a curfew
– Require more frequent reports, even daily
– Put you on electronic monitoring
– Let the judge determine your punishment
– Recommend to the judge that you be incarcerated.
HELP IS AVAILABLE
It’s important that you have legal representation if you are brought into court on a probation violation. Depending on the evidence the Probation Officer has against you and the circumstances of your offense, it may be possible to come to an agreement short of incarceration. Also, different judges have different practices in handling probation violations. A phone call to Dan Carman could be the next step you need to take. We take seriously what could be serious business for you and your family. Contact us by phone at (859) 685-1055 or through our online form here.