Practice Area

Probation Violation Defense in Missouri

A probation violation can result in the full original sentence being imposed. Jeff Goldfarb fights to keep you out of prison and protect the progress you have made.

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Missouri Probation and Its Conditions

Probation is a sentence that allows you to remain in the community under court supervision instead of serving time in prison or jail. Conditions typically include regular reporting to a probation officer, drug and alcohol testing, maintaining employment, completing community service, paying fines and restitution, and avoiding new criminal charges. Violating any condition — even a technical one — can trigger a violation proceeding.

Technical vs. New-Offense Violations

Probation violations fall into two categories. Technical violations involve a failure to comply with a condition of probation — a missed appointment, a positive drug test, or a failure to pay a fine — without a new criminal charge. New-offense violations involve an arrest for a new crime while on probation. New-offense violations are treated more seriously, but both can result in revocation and imprisonment.

What Happens at a Violation Hearing

A probation violation hearing is not a full criminal trial. The standard of proof is preponderance of the evidence — more likely than not — rather than beyond a reasonable doubt. You do not have the right to a jury. The judge decides whether a violation occurred and what the consequence should be, ranging from a warning to full revocation and imposition of the original sentence.

Defense and Mitigation

Jeff challenges the evidence of the alleged violation, cross-examines the probation officer, and presents evidence of your compliance, rehabilitation, and the circumstances that led to the alleged violation. Even when a violation occurred, Jeff advocates for the least restrictive consequence — additional conditions, a short jail sanction, or continued probation with modifications rather than full revocation.