If you were charged with a crime in Wyoming or South Dakota, especially a first-time offense, you may have been placed on probation. When a judge imposes probation, they set specific conditions you must follow—such as avoiding new criminal activity, abstaining from drugs or alcohol, and keeping your probation officer updated on your address or employment. Failing to follow these conditions can lead to charges for a probation violation.
If you are facing a probation violation in Wyoming or South Dakota, having experienced legal representation is crucial. The team at Just Criminal Law can review your case, advise you on how to proceed, and represent you at any probation hearings or related criminal proceedings.
Our firm is based in Gillette, Wyoming, and serves clients throughout Wyoming and South Dakota. Our criminal defense team is led by Christina L. Williams, who began her career in the Campbell County Prosecutor’s Office before entering private practice.
What Is Probation?
Probation is a criminal sentence that allows you to remain in the community instead of serving time in jail or prison, under supervision by a probation officer. The officer monitors your compliance with the terms of probation, which are set by the court under Wyoming or South Dakota statutes.
What Is a Probation Violation?
A probation violation occurs when someone fails to comply with the conditions of their probation. This can happen by doing something prohibited or failing to do something required. Common violations in Wyoming and South Dakota include:
- Testing positive for drugs or alcohol
- Missing meetings with your probation officer
- Failing to complete court-ordered counseling, classes, or community service
- Committing a new criminal offense
What Happens When You Violate Probation?
The consequences of a probation violation depend on the severity of the violation:
- Minor Violations: Missing a probation meeting or a counseling session may result in a warning from your probation officer.
- Serious Violations: More serious violations—such as committing a new offense—may require you to appear in court for a probation violation hearing. If the violation involves a new criminal charge, you may also face separate criminal proceedings.
What Are the Consequences of a Probation Violation?
In both Wyoming and South Dakota, consequences can include:
- A Warning: First-time or minor violations often result in a warning. Probation officers in both states have discretion in determining whether to report the violation to the court.
- Court Hearing: Serious violations require a probation violation hearing. Unlike criminal trials, these hearings are decided by a judge alone, not a jury.
- Sentencing: If the court finds a probation violation occurred, the judge may:
- Modify your probation conditions
- Extend the length of your probation
- Revoke probation entirely and impose the original jail or prison sentence
- Impose additional penalties if the violation involved a new criminal offense
Important: The burden of proof in a probation violation hearing is lower than in a criminal trial. The prosecutor only needs to prove the violation by a preponderance of the evidence (meaning it is more likely than not that you violated probation). In contrast, criminal charges must be proven beyond a reasonable doubt.
What Should You Do If You Were Charged with a Probation Violation?
If you are facing a probation violation in Wyoming or South Dakota:
- Contact an attorney immediately. Your lawyer can evaluate your situation and advise you on the best course of action.
- Explain your circumstances. If you did not violate probation, your attorney can gather evidence to show compliance. If a violation occurred, your attorney can present mitigating factors and argue for leniency.
- Prepare for a hearing. Your attorney can develop a strategy to minimize consequences, negotiate with the probation officer or prosecutor, and advocate for favorable outcomes.
How Just Criminal Law Can Help
A probation violation can have serious consequences, including jail time, extended probation, and additional criminal charges. Just Criminal Law helps clients in Wyoming and western South Dakota by:
- Reviewing your case and probation records
- Evaluating whether the violation is minor or significant
- Advising on legal strategy and representation
- Negotiating with the court or probation officer for reduced consequences
We focus on protecting your rights and future. Even a first-time violation should be addressed promptly and strategically.
Contact Just Criminal Law Today
If you are charged with a probation violation in Wyoming or South Dakota, contact Just Criminal Law to schedule a personalized case review and strategy session. Protect your one shot at justice with experienced criminal defense representation.