Kansas Motion to Release on Earned Probation
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How to fill out Motion To Release On Earned Probation?
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FAQ
Once a motion to revoke is filed then the defendant has the ability to hire an attorney to represent them when the motion to revoke is heard by the court. The defendant is entitled to a hearing on the motion and for a judge to make a determination as to whether they have violated the term or conditions of probation.
Q: How long is a person "on probation"? A: The amount of time you are on probation depends on the offense and laws of your state. Typically, probation lasts anywhere from one to three years, but can extend longer and even up to life depending on the type of conviction, such as drug or sex offenses.
Post-release supervision is similar to conditional release. Post-release supervision begins when an inmate has served the maximum sentence, less good time credits.
First Violation The first time the probation office believes that a Defendant is not in compliance they can impose an intermediate jail sanction not to exceed 18 days. The court can impose this sanction or the probation office can impose this sanction if the court has not withheld from them the authority to do so.
Period of Probation The statute recommends a probation duration of 24 months for nondrug felonies ranked in severity levels 6 and 7. Up to 12 months for nondrug felonies ranked in severity levels 9 and 10, drug crimes ranked in severity level 4 (prior to July 1, 2012) or severity level 5 (on or after July 1, 2012).
The punishment for violating the terms of probation could be up to the entire underlying sentence. If a sanction is imposed, judges have wide discretion to impose jail sanctions in misdemeanor cases. With felony cases, the judge may impose a quick dip of a few days or a dunk which could be several months.
In Kansas, felony convictions are deemed to be ?Presumptive Probation? ?Presumptive Prison? and ?Border Box.? If a defendant is convicted of or pleads guilty to a Presumptive Probation offense, the legislature ?presumes? that the defendant is entitled to a contract of probation.
Travel Restrictions The District of Kansas prohibits travel out of the State of Kansas during the initial 60 days of supervision. Exceptions to this rule will be made only on a case-by-case basis, with regard to emergency and business related travel.
