If you have been convicted of a crime, probation may be an option that will allow you to stay out of jail and avoid other consequences. Probation is a court-ordered punishment that allows you to remain in your community and serve your sentence under the supervision of a probation officer. Throughout your probation, you will have to meet many requirements, such as community service, submitting to certain drug tests, and perhaps even refraining from socializing with certain people.
Probation is taken very seriously by the courts. If you violate the terms outlined by a judge, you will face serious consequences. Below, our Missouri criminal defense lawyer outlines what those are.
Once you have violated the terms of probation, the prosecutor or your probation officer will file a report outlining the alleged violations. The report is filed in the same court in which you received your original sentence, as well as your probation term. Once the report is submitted to the court, a judge will either issue a warrant for your arrest or provide you with a notice of the hearing date. If you are given a hearing date, you must appear in court and answer the alleged probation violations.
At the probation revocation hearing, you have two options. You can admit to violating probation and ask the court to continue the term rather than sentencing you to imprisonment. The other option you have is to deny the allegations against you and schedule a full evidentiary hearing.
At the evidentiary hearing, the prosecution must prove to the court that you violated the terms of your probation. If you choose to deny the violations, you should work with a Missouri criminal defense lawyer. A lawyer can cross-examine witnesses called by the prosecution and call witnesses of their own. Your lawyer will also know what evidence to present to deny the violations.
The prosecution’s burden of proof is lower during these hearings. They do not have to prove the allegations beyond a reasonable doubt, as they do during the original trial. Instead, they must only reasonably convince a judge that you have committed the violations.
After the arguments have been made at the hearing, a judge will then make a decision on the case. The judge can decide to continue or extend the terms of probation or revoke probation. If your probation is revoked, you may have to serve jail time. For example, if you were convicted of a drug crime and were sentenced to five years in prison, the judge may have suspended the sentence, placing you on probation instead. If a judge decides to revoke your probation after a violation, you may have to serve the original five years in prison.
If you are being accused of violating the terms of your probation, it is critical that you speak to a Missouri criminal defense lawyer. Scott A. Hamblin is an experienced and aggressive attorney who will fight for your rights so you have the best chance of avoiding jail or prison time. Call us now or contact us online to schedule a consultation and learn more about your legal options.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
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Scott assisted a client who was injured in a car accident due to another driver’s negligence. The defendant claimed that the opposing party using their phone at the time of the crash, and Scott emphasized this claim to show that the other driver was at fault for the client’s injuries. The case concluded with the client receiving the necessary compensation for medical bills following a long hospital stay due to injuries.
I would highly recommend attorney Scott Hamblin. Mr. Hamblin was very easy to work with, explaining all my options as the case progressed. He took into consideration my priorities, what was most important to me, and skillfully negotiated them into an ideal settlement agreement. And his legal assistant, Madasyn, is such a delight to interact with.
Scott was honest, he was straightforward, and the best of all he was good at what he does. He's very knowledgeable and practices his craft well. I had a 10/10 experience with Scott and will trust no other attorney to handle my case.
Scott Hamblin is a great attorney. Between Scott and his legal assistant Madasyn, I felt like all my questions were answered promptly and thoroughly. Scott is very knowledgeable and was very well prepared for trial. I would recommend Scott to anyone needing an attorney.
Can't say enough good things about Mr. Hamblin and his team. They're responsive, treat your case like it's their own, and are personable as can be. Court can be daunting, but they are there to help you through every step of the tough process. Madasyn is part of this team and deserves to be recognized too, as she was friendly and encouraging from beginning to end. They handle it all with ease and you won't regret coming to them for help and advice along your journey.
10/10 recommend Mr. Scott Hamblin. Mr. Hamblin and his legal assistant Madasyn have been wonderful throughout my whole case and very prompt, and helpful the whole time. He was very thorough and left nothing missed during my whole case. Questions were answered quickly throughout the process whether through email, phone or in person. As well as the whole process was explained step by step. I highly recommend Mr Hamblin for any family law matters! I couldn’t of asked for better representation for my case.
I came across Scott Hamblin on the internet and read his bio and was very impressed. I have not been disappointed with his knowledge and understanding. If you are in need of a great lawyer, this is the call to make. You will not regret hiring him. Thank you, Scott.
Scott recently provided outstanding representation for my divorce. He was well-prepared throughout the course of the litigation and trial, resulting in a very favorable outcome for me. Scott is a very bright attorney who takes pride in his work, and it shows. He is truly in a league of his own.
Scott is a phenomenal attorney, no sugar-coating straightforward and to the point. As an older man I found myself in a custody case, and had little hope of any outcomes in my favor. This guy knows his law and his business, and is about it. His personality is soothing and his office is always on point. To say I’m ecstatic with his ability is an understatement.
Scott is the best attorney, hands down! My husband had a fairly difficult case, he had little hope that he’d be able to receive anything he was asking for and Scott helped him achieve everything, very quickly. He’s very professional, compassionate and understanding and works hard to help you achieve the best possible outcome. We are very thankful.
Scott came highly recommended by an attorney friend of mine after I received an unfavorable outcome working with a different lawyer in the area. Scott was smart, pleasant to work with, and achieved the best possible outcome for me. I only wish I would have used him sooner.
For accessible and experienced representation, contact attorney Scott Hamblin today.
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