Judges often give defendants a second chance by granting them probation or diversion. There are, unfortunately, times when such defendants do not make the most of this opportunity. Picking up a new charge, failing a drug test, not completing treatment, failing to pay restitution or missing report dates can result in a motion to revoke, jail time and ultimately serving a prison sentence. If you or a loved one are facing a probation or diversion revocation proceeding then it is important to understand that you have options. An experienced criminal defense attorney can assist in gaining the best resolution possible, which can include reinstatement of probation or diversion. Will Corrigan is a Louisville lawyer assisting those who fear having their probation or diversion revoked. Will takes great pride in the level of service he provides and he handles all matters in our office personally. Contact us today to schedule an initial consultation.
Louisville defense attorney handling probation revocation proceedings
After a defendant is convicted of a felony in Circuit Court, they will be sentenced by the presiding Judge. That sentence, however, may be “suspended” in favor of probation. A Circuit Court judge will grant probation for eligible offenses if there is not a substantial risk that during a period of probation or conditional discharge the defendant will commit another crime; the defendant is in need of correctional treatment that can best be provided outside of jail or prison; or when probation will not unduly depreciate the seriousness of the defendant’s crime. If the defendant successfully completes probation then they will never have to serve the sentence. If the defendant was sentenced to diversion, successful completion will result in a dismissal of the case. If, however, the terms of supervision are violated then the prison sentence can be imposed and the person removed from diversion. Requirements of supervision can include not committing any new crimes, reporting to a probation officer, keeping a current address on file with the probation officer, either attending school or holding a job, completing community service, paying any required restitution, fines and court costs, participating in drug or alcohol treatment, and taking regular drug tests. If the terms of supervision are violated then the probation officer will have discretion to file a special supervision report with the Court and prosecutor and request that the defendant’s probation or diversion be revoked and the original sentence be imposed. If a motion to revoke is filed, you can either be brought to court via summons or an arrest warrant will be issued. The Court will schedule a hearing which will be held before deciding to revoke probation and impose the sentence, to reinstate probation or diversion, or reinstate probation with additional requirements such as home incarceration or completion of a drug treatment program.
Common causes of probation revocation proceedings include:
- The probationer has been charged with a new crime
- The probationer has allegedly failed to report to their probation officer
- The probationer has allegedly failed a drug test
- The probationer has failed to pay required restitution, fines, court costs or fees
- The probationer has allegedly failed to keep their address up to date or to meet other requirements
A revocation hearing will be scheduled by the Court once the probationer has appeared in front of the judge via the summons or arrest warrant. If the defendant is still in jail, we will demand a bond reduction hearing. The defendant’s lawyer will attempt to negotiate terms of reinstatement with the prosecutor. Such terms may include reinstatement to probation or diversion with stricter requirements such as drug treatment, time on home incarceration, or time in jail as a sanction . If an agreement cannot be reached then a hearing will held. At the hearing the Court will hear testimony from the probation officer and other relevant witnesses. We will cross examine the probation officer to challenge the alleged violations potentially call our own witnesses to establish that the defendant is a productive member of society, that the public interest would be best served by reinstatement, and other mitigating circumstances. It is possible to successfully argue for reinstatement of probation or diversion. If you or a loved one are facing such proceedings then it is crucial to have experienced representation.
Will Corrigan is a Louisville defense attorney handling probation revocation proceedings. Our firm will immediately contact the prosecution once we are retained so that we may begin the process of negotiating a reinstatement. If a favorable resolution cannot be reached then we will begin accumulating evidence to present in favor of reinstatement. Such evidence may include employment records, community service records, letters from friends and relatives, etc. Will handles all matters in our office personally which means that you will be dealing with him directly and not with an associate. He understands that this is a crucial time. He will give you an honest assessment of the situation and work to ensure that your interests remain protected.
Lawyer providing quality service in Louisville probation revocation cases
If one is facing a diversion or probation revocation then they are worried for their family and their livelihood. They need a lawyer who will provide quality service along with quality representation. Will regularly provides clients with his cell phone number, promptly returns phone calls and messages, and makes himself available to answer questions. It is our honor to serve the Louisville area and we take this obligation seriously.