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My name is Brandan Davies and I’m a criminal defense lawyer based out of Overland Park, Kansas. In this video, I am going to be talking about how a probation revocation works. Before anyone can be revoked on probation, they have to first be put on probation. How someone is put on probation is generally they are convicted of a crime and in lieu of some sort of jail sentence, the judge grants them probationary terms. Essentially, that means there will be an underlying jail sentence hanging over their head. But, you won’t have to do that underlying jail sentence if you are good on probation. The probation will have certain conditions and that will be disclosed to a person before they start probation. Whenever a person goes through this process, is put on probation, and then violates the terms of probation or an allegation that they violated terms then they get a motion to revoke. A motion to revoke is simply a piece of paper that is filed with the court that essentially says they believe the city or the state who originally charged this person and they were put on probation, this person has violated the terms of their probation and the city or state want the person to go to jail for their underlying sentence imposed on them. When this happens, it doesn’t mean, just because there is a violation of probation, that you are automatically going to jail. There are various different ways that can be worked out. If you are charged with a crime and have been convicted and on probation and you have a motion to revoke pending, you need to contact a competent criminal defense lawyer. The difference between having a competent criminal defense lawyer on your case can be the difference between going to jail and having your probation reinstated. If you have any questions in regard to probation revocation, feel free to contact my office.
