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Probation Revocation in Kentucky

Probation is a sentence that allows a defendant to avoid jail time by agreeing to certain conditions, such as meeting with a probation officer, staying out of trouble, and completing community service. However, if a probationer violates the terms of their probation, the court may revoke their probation and send them to jail.

In Kentucky, probation revocation is governed by KRS 533.040. This statute lists the grounds for probation revocation, which include:

  • Committing a new crime

  • Violating a condition of probation

  • Failing to appear for a probation hearing

  • Failing to pay court costs or restitution

  • Failing to comply with a treatment plan

  • Failing to maintain employment

  • Failing to support a dependent

  • Habitual alcohol or drug abuse

  • Habitual failure to obey the law

If a probation officer believes that a probationer has violated the terms of their probation, they will file a petition for probation revocation with the court. The probationer will then be served with a copy of the petition and will have an opportunity to appear before the court to contest the allegations.

At the probation revocation hearing, the court will consider the evidence presented by both the probation officer and the probationer. The court will also consider the probationer's criminal history, their amenability to rehabilitation, and the seriousness of the violation. If the court finds that the probationer has violated the terms of their probation, it may revoke their probation and sentence them to jail.

If you have been charged with violating the terms of your probation, it is important to speak with an experienced Kentucky criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and can represent you at your probation revocation hearing.

Here are some tips for avoiding probation revocation in Kentucky:

  • Meet with your probation officer regularly.

  • Stay out of trouble.

  • Complete all of your court-ordered requirements.

  • Be honest with your probation officer.

  • If you are struggling to meet the terms of your probation, contact your probation officer immediately.

By following these tips, you can increase your chances of successfully completing your probation and avoiding jail time.

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