Probation violation for felony offense ky

The intent behind probation is to discourage further criminal behavior while providing an opportunity for rehabilitation. Under Kentucky law, it can be imposed as an alternative to imprisonment or in addition to imprisonment. The terms can be quite complex, making it easy for offenders to disregard them without meaning to do so.

Posted on January 29, If you are found to be in violation of felony probation , the court can sentence you to up to the amount of jail or prison time that was suspended at sentencing. If there was no custody time suspended, then the court has the discretion to sentence you to up to the maximum term for the crimes for which you were convicted. The jail time for a felony probation violation is either:. Note that a judge does not automatically have to place you in jail if you commit a felony probation violation. Two other options exist.

Probation violation for felony offense ky

Probation is usually a substitute for jail or prison. Unlike parole , it is an alternative to confinement rather than a release into the community following confinement. Judges do not have to grant probation if they feel that the defendant belongs in confinement. Probation lasts for a certain period, as determined by the judge. A judge will impose certain conditions of probation, violation of which might result in jail time or other penalties. Fortunately, under certain circumstances, a judge has the discretion to shorten the length of probation during the probationary period. Under Kentucky law, you are ineligible for probation if your offense involves the use of a deadly weapon. The only exception is using a weapon in certain cases of domestic violence where the victim, although guilty of a crime, did not act completely without justification. Conditions of probation vary from person to person, and compliance can be difficult. Following are some examples of typical conditions of probation:. The judge or your probation officer may impose other conditions upon you.

More comparison features will be added as we have more versions to compare. If this is the case, it is advised for you to share this information with your parole and probation violation defense lawyer at the earliest. With so much at stake, hiring a lawyer may be the best move you can make.

Graduated sanctions for technical violations of probation and compliance incentives system. This administrative regulation establishes graduated sanctions for responding to violations of probation. Discretionary detention for probationers shall be implemented pursuant to this administrative regulation to the extent that it is not in conflict with the orders of the court. RegsContact ky. Curfew up to days Community Service hours Halfway House days Discretionary Detention with Supervisor Approval Jail Time in excess of 10 days requires hearing with releasing authority. Curfew up to days Community Service hours Additional jail time at the discretion of the releasing authority Request Revocation.

The court may modify or enlarge the conditions or, if the defendant commits an additional offense or violates a condition, revoke the sentence at any time prior to the expiration or termination of the alternative sentence. Have a question? Click here to chat with a criminal defense lawyer and protect your rights. Terms Used In Kentucky Statutes To make such a request is "to appeal" or "to take an appeal. Conviction : A judgement of guilt against a criminal defendant.

Probation violation for felony offense ky

Hello there! As an expert in criminal justice, I know that being placed on probation can be an overwhelming experience. My goal with this comprehensive guide is to help you understand the ins and outs of probation in Kentucky. Probation is a sentencing alternative to incarceration. Rather than serving time behind bars, individuals convicted of a crime may be given the opportunity by a judge to serve their sentence under strict supervision within the community. The purpose of probation is rehabilitation and public safety. Probation aims to turn offenders into law-abiding citizens while still holding them accountable. It also costs a fraction of imprisonment and helps alleviate prison overcrowding. Judges grant probation to offenders they believe have a good chance of reforming based on factors like criminal history, employment, community ties and attitude.

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Document the actions in the offender management system. Call his office at or complete this convenient online form for a free initial consultation. These are that the judge can:. You as the probationer must report on a regular basis to a probation officer. Section 6. Get Quick Legal Help Representation by an attorney at the hearing; and. It is important to remember that no matter what the violation you face, it is helpful to have a criminal defense attorney to represent your interests. Failing a drug or alcohol test. Section 8. Traffic violations include speeding, reckless driving or operating a vehicle with expired tags, for example. For example, a restraining or protective order violation is typically a misdemeanor, depending on the terms of the order. Failing to comply with the rules of parole will result in you violating parole and the consequences you get can be harsher limits or imprisonment.

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This administrative regulation establishes graduated sanctions for responding to violations of probation. If the offender states that he cannot read, then the officer shall read the report to the offender; and. Frahs 9 Cal. To apply for early termination of probation, you must wait for a scheduled evaluation of your progress and convince your probation officer to apply on your behalf. Punishment for Violating Parole in KY Just like probation, avoid any of the common limits for parole. If the violation is not handled by an informal response as established in Section 2 of this administrative regulation and the sentencing court orders the offender to be subject to graduated sanctions as part of the conditions of his probation, then to the extent that this administration regulation is not in conflict with the orders of the court, graduated sanctions shall be applied as follows: 1 The officer shall consider the: a Offender's assessed risk and needs level;. Felony probation typically lasts two to five years. If the report cannot be provided in the offender's language and a language interpreter is not available, then the officer shall report the violation behavior to the court for disposition in lieu of proceeding with the graduated sanctions process. Under Kentucky law, it can be imposed as an alternative to imprisonment or in addition to imprisonment. It bears repeating that meeting these conditions does not entitle you to early termination of probation.