Probation and Parole Violation

Probation and parole are similar, as they are penalties for someone facing charges and convictions of a crime in Kentucky. But, they are different in an important way. Probation is a possible punishment for most violations and misdemeanors of any degree (and in a few cases, even for felonies) in which a person  is never sent to prison and is forced to follow strict rules while being free to continue living without first going to jail. Parole is being given the opportunity to serve their sentence outside of prison and under strict rules. Both parole and probation are handled by the same office and people in Kentucky.

Failing to comply with the rules of probation or parole will result in you violating both and the consequences  you get can be harsher limits or imprisonment.

It’s worth noting that Probate Courts don’t have anything to do with probation, as they are frequently confused by people. If you want answers about your probation or parole, you must contact your probation and parole officer from the Kentucky Department of Corrections, Division of Probation and Parole. If you are accused of any probation violation, you have a right to a trial, or actually a probation hearing, in front of the Administrative Law Judge and the Parole Revocation Hearing at the Parole Board.

CIR Legal’s seasoned warrant attorneys can help you with any type of warranty charge and help you determine what you’re up against. Including a parole and parole violation.

To know more about this particular warrant, its penalties, and possible defenses a skilled warrant lawyer can use for it, visit our parole and parole violation page here.

Arrest Warrants and Bench Warrants

The instant an arrest or bench warrant is signed by a judge against you, you need the best possible defense attorney to quickly have your case dismissed or a fair trial. An arrest warrant is the result of an investigation that was started by law enforcement, and the evidence was sufficient for a judge to issue a warrant for your arrest. Or, a citizen made a complaint against you in a serious crime or charge, like being accused of unlawful taking or robbing a business.  Either way, an arrest warrant occurs after there’s an investigation.

A bench warrant is similar but it is the result of an ongoing investigation about a case or investigation in which you or another person is involved in. They are issued for a lack of compliance with court orders, like fines or violating terms of probation, or even failing to appear for traffic citations.

If you’re facing an arrest or bench warrant, get in contact with a reputable bar certified criminal defense lawyer or warrant lawyer right away.

Penalties in Contempt and Warrant Cases

Although the penalties for all crimes, along with being held in contempt and warrant crimes, committed in the Commonwealth of Kentucky are subject to the results of the work from your criminal defense attorney or warrant lawyer during the trial, there are still basic Kentucky Sentencing Guidelines for cases of warrant offenses, depending on their seriousness, which determines whether the crime is classified as a misdemeanor or a felony. Such penalties are detailed in the content of each of the crimes’ individual statute in the Kentucky Revised Statutes

Each of these types of offenses are then divided into two and four classes, respectively. There are class A and class B misdemeanors and classes A through D felonies, plus a capital offense classification for crimes resulting in death, with the harshest punishments. For any of which, it is of utmost importance to work with a reputable warrant lawyer in your area to see the substance of your case

Misdemeanor

In the US, a misdemeanor is a crime punishable by less than a year in prison, and sometimes there are only heavy fines involved, probation, or other sentences less harsh than with felonies. In general, the consequences for someone guilty of a crime punishable by a misdemeanor are;

• Class A misdemeanors – 90 days to 12 months jail time, including a monetary fine that can cost up to 500 dollars , and
• Class B misdemeanors – up to 90 days jail time, including a monetary fine up to 250 dollars

Nonetheless, they are a stain on your permanent record and can change your life for the worse, which is why you would want the best warrant attorney you can get. A competent warrant defense attorney can get your case dismissed, charges filed against you dropped, or fight for an expungement of your misdemeanor conviction altogether.

Felony

A felony is the most serious type of crime, and hence, they offer the most serious punishments, with years in prison. They are divided (like misdemeanors as well) into classes. The imprisonment terms for each class of this offense are;

• Class A – 20 to 50 years, or even life imprisonment,
• Class B – 10 to 20 years,
• Class C – 5 to 10 years, and
• Class D – 1 year to 5 years

All serious crimes, except murders (they have their own punishments), are classified as felonies.

It’s also important to point out that former convictions of this degree matter. If district court investigations and records show you are a “persistent offender,” then it’s very likely you’ll be facing a longer prison term vs someone guilty of the same crime without records of a prior felony conviction. (Ky. Rev. Stat. Ann. § 532.080 (2019 ).). If this is the case, it is advised for you to share this information with your warrant defense lawyer or warrant lawyer at the earliest.

A person found guilty of a felony in states like Kentucky will also need to pay a fine costing between 1,000 dollars and 10,000 dollars. Or, if it applies, double any gain from committing the offense. In the event that it does, the district court usually orders whichever amount is greater to be paid (Ky. Rev. Stat. Ann. § 534.030 (2019 ).).

It’s difficult facing offenses as serious as this alone, especially since these have long lasting consequences on a person’s life once convicted. Which is why hiring expert warrant defense attorneys is essential. Experienced warrant lawyers will know what to expect along with the best way to protect your rights, or avoid a conviction altogether.

Federal

Like in any city, county or the state of Kentucky, a federal obstruction of justice charge in the US is the result of being accused of interfering with any criminal investigation, or the prosecution and enforcement of any law. Delaying or trying to prevent justice is also the same as obstructing it. Most of the people charged with it are public and elected officials, attorneys, prosecutors or even judges. In short, anyone with the power to impede an investigation. It is a felony under federal law, and an important aspect of any case of obstruction of justice, is that the intent is what matters, not the details of how someone attempted it. You don’t need to successfully obstruct justice in order to be accused of the crime. The crime can be classified as abuse of power, perjury or lying to investigators, tampering with evidence, bribery, or other forms. Any federal charge of obstruction of justice has to be urgently dealt with by an experienced team of criminal defense lawyers, as the penalties you get can be years time in jail or a light sentence of probation.

You need an experienced criminal defense lawyer that specializes in contempt and warrant defense

All of our criminal warrant attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers as well as the Kentucky Bar Association, with decades of experience in matters of warrant charges and warrant defenses or other practice areas. We value the best interest of every client, above all, and with our insights about law, we can create new defense opportunities in your case, no matter how minor. When it comes to warrant crimes, you need warrant attorneys who will fight for your constitutional rights, and start by doing an evaluation of every evidence and detail of your case, no matter how inconsequential they may be. We will then create the best defenses in your trial and strive to avoid the harshest sentence or any penalties at all.

Free Consultation & Case Review from our experienced warrant lawyers

At CIR Legal, our warrant attorney’s warrant defense services include offering free consultation and case review to potential clients or otherwise. Our warrant attorneys have fought and will always strive to fight for the rights of every defendant in the state of Kentucky, no matter the type of offense. Call our law office at 859-636-6803 or fill out our form for a free consultation, no matter if it’s pm or am.