Your Rights when Facing a Probation Revocation

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If you have pled guilty to a felony in Missouri and have been placed on probation, you might be wondering what could happen if you were to violate any of terms of your probation.  Some typical violations that I have seen over the years include:

  • Missing appointments with the probation officer
  • Failing a drug test
  • Failing to pay fines and cost
  • Breaking the law
  • Associating with a known felon
  • Possessing a weapon

If you have been accused by your probation officer of violating one or more of the conditions of your probation there are some important things you should know.  First, you are entitled to either waive your right to a probation revocation hearing or to have that hearing.  The determination of whether a violation occurred (and if so what the punishment is) will be made by the judge after you either waive your right to a probation hearing or have that hearing.  If you choose to have a probation revocation hearing, you are entitled to cross examine the probation officer about the violation, to call witnesses on your behalf and to testify yourself about the alleged violation. 

Another important thing that you need to understand is that you are very much at the mercy of the judge who is overseeing your probation.  This is why it is important to have competent representation at your probation revocation proceeding.  If your alleged violation(s) are not fully explained and/or investigated, it could be the difference between getting your probation continued and getting your probation revoked with a with a hefty prison sentence. 

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