Do I Need A Criminal Defense Attorney For A Probation Violation?



A criminal defense attorney can be invaluable when you are facing probation violation charges for a traffic offense. Because the probation violation case is separate from your original case it is treated as a new case. While there are fewer steps involved, there can still be many court appearances and legal issues to handle in a traffic related probation violation case.

Breaking the conditions of your probation can have harsh penalties, ranging from heavy fines to extended probation or jail time, depending on the nature and seriousness of the violation (e.g. prior violations, extenuating circumstances).

Probation violation issues are often due to failure to satisfy the sentence imposed by the court, including failure to pay your fines and restitution or by not attending a court-ordered class, such as AA meetings. It can also be due to a variety of other issues, such as:

  • Failure to appear for a scheduled court appearance.
  • Failure to report to your probation officer as instructed.
  • Violating a no-contact order.
  • Possession, use or sale of illegal drugs or firearms.
  • Committing a new crime of offense.

Why You Need A Criminal Defense Attorney

While you are not required to have an attorney to represent you, hiring one can have a profound effect on the outcome of your case. For example, following a conviction for a DUI (Driving Under the Influence) or similar traffic offense, you received probation, and have violated the terms of the probation, a criminal defense attorney is important to have for your defense of this separate but related case..

As an expert legal adviser, a criminal defense attorney can explain your rights and advise you on what to expect so you don’t make any admissions that can land you in jail. He or she will meet with the prosecutor to discuss the charges, present evidence and witnesses in support of your case and refute any evidence against you. If you are admitting to violating the terms of your probation your attorney can help you with an explanation that may satisfy the judgment over the matter. A criminal defense attorney may be able to mitigate the damage of a probation violation penalty with lesser charges – such as a warning or community service.

Additionally, a criminal defense attorney usually knows which judges impose jail on probation violations for traffic offenses and which ones don’t. He will know how to manage the probation violation in ways that directly affect the ultimate outcome of the case. Most importantly, when the criminal defense attorney is able to appear at the hearing without you being present, under what is called a “977 authority,” then you will be not thrown in jail when you’re not present in court.

Interactions with the judge can often be difficult; having the expert help of an experienced criminal defense attorney can increase the chances for a positive resolution for the client. Attending court on your behalf, your criminal defense attorney can help you avoid additional penalties and consequences at your probation hearing. When you are facing possible revocation of your probation, you need a lawyer to prevent that decision from taking place. Your attorney will advocate for you, explaining how you will not violate your probation again or present a compelling explanation as to why you did.

Craig Divine of Divine Law Office is a criminal defense attorney in Kansas City with a lot of experience handling probation violation cases that stem from alcohol-related traffic offenses. Meeting with an attorney in person is a good opportunity to find out what could happen if you don’t hire a criminal defense attorney to assist you with your case.


Free Consultation

Divine Law Office LLC

104 W 9th St., Suite 404
Kansas City, MO 64105


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