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September 16, 2020 | Criminal Defense |

What Happens if You Violate the Terms of Parole and Probation?

If you have had no experience with the Kansas criminal system, our Johnson County criminal defense attorney is well aware it can be confusing to distinguish between parole and probation, and it can be even more difficult to understand what each term means for your specific case. Parole and probation are types of monitoring for a person who has been convicted of a crime; however, violations of either can result in serious consequences.

Generally, probation is when an individual has pled guilty to a crime (or has been found guilty by a judge/jury) but they will not be sent to jail. Instead of a sentence that’s completed behind bars, the individual is ordered to follow specific rules and conditions (typically under the supervision of a probation officer) in exchange for remaining out of jail and in being still active in their community.

On the other hand, parole is a supervisory period that occurs after a convicted criminal has served a portion of their sentence and is transitioning back into society. The person is released before completing the full sentence, and the early release is conditional upon the individual’s behavior. With both parole and probation, the person who is conditionally released will have their first meeting with the officer assigned to the case.

At this meeting, the individual will be given the rules that must be followed during the supervisory period. Such rules include general guidelines: no criminal activity, no drugs, no associating with known criminals, etc. Additionally, there are rules tailored to a person’s particular crime and situation. The probationer or parolee signs a waiver to confirm that he or she understands all of the requirements and will uphold them.

Your Behavior is Key

A person’s behavior is closely watched whether they are on parole or probation. Ordinarily, a parole officer will have random drug testing to confirm the individual’s sobriety. Also, most people will have to check-in on a routine basis with their supervising officer to give updates on what they’re doing, where they live, and with whom they are socializing.

Our Johnson County Criminal Defense Attorney Can Tell You What a Violation May Mean for You

Since parole and probation are conditional releases, any violation is taken very seriously and the resulting consequences could be extensive. For instance, depending on the violation, more conditions may be added to the person’s release or the time spent on parole or probation could be increased. If the violation is serious or occurs more than once, the conditional release could be canceled and a jail sentence could be imposed and/or reinstated.

If you have been convicted of a crime and have the opportunity to serve your sentence as a probationary period, contact us and let our Johnson County criminal defense attorney help. Be sure to know all of the terms and conditions of your release in order to avoid being found in violation.   

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Merrill Law Firm

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7211 West 98th Terrace, Building 4, Suite 140
Overland Park, Kansas 66212

T. 913-381-2085 | F. 913-341-1130

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