Just because you messed up, it doesn’t mean you have to end up serving your time. Our three-hundred-sixty degree approach means that we can match you with an appropriate treatment provider or alternative sentence.
The most common cause of criminal convictions is addiction. The sad reality of addiction is that it is difficult to overcome and users frequently relapse. Expecting someone with a heavy habit to pass every drug test is unrealistic. If you or a loved one have a setback while you are on probation, we can help. Contact our Lexington criminal defense attorneys at Baldani Law Group PLLC to figure out what to do next. We can listen to the facts and help you decide what is best for you.
Probation Revocations in Kentucky
In the state of Kentucky, a probation officer has the right to issue graduated sanctions for certain minor offenses without taking the case in front of the sentencing judge. The following technical violations can be dealt with through informal case management:
- Missing scheduled report day
- Traffic offense without arrest
- Failure to seek employment
- Failure to enroll or maintain school attendance
- Failure to notify officer prior to change of address
The following minor violations can be addressed by the probation or parole officer through graduated sanctions:
- Failure to report a citation or arrest,
- Failure to report,
- Being in an establishment where alcohol is sold as a primary commodity,
- Traffic offenses unless arrested,
- Failure to pay financial obligations as ordered by the releasing authority,
- Failure to seek employment,
- Failure to enroll or maintain school attendance,
- Falsifying a release report,
- Violation of other special conditions unless ordered by releasing authority,
- Association with convicted felon,
- Violation of travel restrictions,
- Visiting a correctional facility without prior approval,
- Issuance of an Emergency Protective Order or Domestic Violence Order,
- Violation of curfew,
- First or second positive drug or alcohol test,
- Failure to comply with re-entry programming,
- Failure to complete community service, and
- Other violations of similar magnitude.
The following major violations can also lead to a graduated sanction:
- Misdemeanor conviction that does not require submission to the releasing authority.
- Failure to comply with treatment,
- Multiple minor violations within ninety () days,
- Multiple positive drug or alcohol tests or high risk behavior,
- Refusal to submit to an alcohol or drug test,
- Intimidating or threatening a Probation and Parole officer,
- Possession or use of a weapon other than a firearm by an offender,
- Failure to comply with sex offender registry,
- Over three () months behind on restitution,
- Violation of a special condition ordered by the releasing authority,
- Violation of travel restrictions to another state,
- Violation of curfew with electronic monitoring device, and
- Change of residence without officer’s permission,
- Failure to notify Probation and Parole officer about address change,
- Failure to participate in a required program or service, and
- Other violations of similar magnitude.
The following violations require you to be returned to the sentencing court or parole board for a revocation or modification hearing:
- Absconding supervision,
- New felony conviction,
- New misdemeanor conviction of assault,
- New misdemeanor conviction of violation of emergency protective or domestic violence order,
- New misdemeanor conviction for sexual offense,
- New misdemeanor conviction for driving under the influence,
- Possession or use of a firearm,
- Failure to complete sex offender treatment program,
- Demonstrated pattern of failure to comply with conditions of supervision, or
- Violations of an assaultive nature.
Contact a Lexington Probation Revocation Lawyer Today
If you are facing a probation revocation in Lexington or anywhere in Central Kentucky, give our firm a call today. We’ve handled dozens of probation revocations and have been successful in getting people released early on shock probation.
Don’t Give Up. Don’t Delay. Get a free consultation now and find out why our firm is the right firm for you.