ST. LOUIS PROBATION VIOLATION LAWYER
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Many people receive probation in both state and municipal courts. A person who receives probation will be on probation for a term of months or years that is set by the judge.
While on probation they will face specific conditions that they must follow.
A person on probation who fails to abide by their terms and conditions will likely have a violation report filed against them, and face a probation revocation proceeding in court.
A violation of probation is receiving a new charge/arrest or failing to do some specific thing that the court ordered as a condition of probation.
If you are facing a probation violation, it is possible that your probation could be revoked by the judge, and you receive a jail or prison sentence, a fine, having a conviction on your record, as well as other less severe consequences.
You need an experienced St. Louis probation violation lawyer to help you. James Feely Jr. has over 25 years of successful experience helping people facing probation revocations.
It is possible that the violation is deemed to have occurred, but the judge decides it is in the interests of justice to not revoke the probation and instead allows the person to remain on probation, sometimes adding additional conditions that must be followed.
When you are facing a probation violation, you have the right to an evidentiary hearing.
At the hearing, the judge will decide whether or not you violated the terms of your probation, and if so, what your punishment will be.
There is no right to a jury trial in a probation violation hearing.
The burden of proof that the prosecutor must meet to show you violated the terms of your probation is not “proof beyond a reasonable doubt” - like in a jury trial.
Instead the standard is "more probable than not" that you violated the terms or conditions of your probation.
It is possible to avoid having your probation revoked. What will matter is the type of revocation (new law violation vs. technical violation), how long you have been on probation, and how you have done up to the point of the alleged violation.
Mr. Feely can file a motion to get a bond set in your probation violation matter if necessary.
He will also review and research your specific situation to help present your side of the situation to the judge, and to try and limit whatever punishment (if any) the court decides to give you if it is found that you violated the terms of your probation.