Skilled Representation Against Probation Violation Matters

Probation gives someone the opportunity to remain out of prison while still serving a sentence for their conviction. However, probation is still something that can be taken away due to a probation violation. If you have been accused of violating your probation, your freedom and future are on the line.

We are Walter Law Office, a South Dakota criminal defense attorneys who has more than 30 years of experience defending clients against criminal charges and probation violation matters. From my Sioux Falls office, we can help you through all the challenges of every step in your probation violation case.

Understanding The Probation Violation Procedure

Probation is a sentence handed down by the court that allows individuals to serve all or part of their sentence outside of jail or prison, as long as they follow certain conditions set by the court. If a person violates their probation, the court can choose to revoke it and impose additional penalties, including jail or pen time. In South Dakota, the procedure for handling probation violations is as follows:

1. Reporting the violation: The probation officer is responsible for reporting any violations of the probation conditions to the court. The probation officer may also make an arrest or request that the person be arrested.
2. Warrant or summons: If the probation officer determines that a probation violation has occurred, they can request that a warrant be issued for the person’s arrest or issue a summons for them to appear in court.
3. Hearing: If a warrant is issued, the person will be arrested and brought before the court for a hearing. If a summons is issued, the person must appear in court on the specified date. At the hearing, the person has the right to an attorney, the right to present evidence, and the right to cross-examine witnesses. The individual has a right to a hearing in front of the judge, not a jury trial. The judge only has to be reasonably satisfied that the person violated their probation conditions. The “reasonable satisfaction standard” is the lowest burden of proof in the law.
4. Decision: After considering the evidence, the court will make a decision on whether the probation violation occurred to his or her reasonable satisfaction and what the appropriate penalties should be. If the violation is found to have occurred, the court may revoke the probation and impose additional penalties, including jail or pen time.

We are here to stand by your side through every step of your probation violation matter, and We can also step into your case, no matter where you are in the process.

Differences In Rights In Our State

South Dakota is an “open probation” state, which means that probationers have fewer rights and restrictions compared to other states. In South Dakota, probationers can be searched without a warrant and can have their probation revoked for even minor violations, such as failing a drug test. Probationers in South Dakota also have limited rights to privacy and cannot challenge the evidence presented against them.

What Counts As A Probation Violation In South Dakota?

Not all violations are treated the same, but any allegation can put your freedom at risk in South Dakota’s open probation system. Courts do not need a new major crime to act. Even routine missteps can trigger a violation hearing. 

Common technical violations include:

• Missing scheduled appointments with your probation officer
• Failing to report address changes or employment status
• Violating curfew requirements
• Traveling outside your county or state without prior approval
• Missing court-ordered counseling or treatment sessions
• Failing drug or alcohol tests

Substantive violations involve new criminal charges. These often carry harsher consequences because they suggest the court’s trust was broken. DUI arrests, drug possession and assault allegations are frequent triggers. 

How We Fight A Probation Violation Charge

Walter Law Office believes that your probation does not have to end because of an allegation. We build aggressive defenses tailored to your situation, challenging violations through proven strategies that protect your freedom. 

We can challenge the allegation by: 

• Questioning the accuracy and reliability of drug test results
• Demonstrating that you made reasonable efforts to comply with probation terms
• Proving you never received proper notice of requirements
• Showing the probation officer’s report contains factual errors

We can also present mitigating circumstances like:

• Medical emergencies that prevented compliance
• Loss of employment or transportation beyond your control
• Documentation of successful completion of other probation requirements
• Evidence of positive life changes since your original conviction

You deserve the chance to receive a lighter sentence or even acquittal when possible. We can handle all parts of your defense, helping ensure your side of the story is professionally and effectively presented. 

What Happens If You Violate Probation In South Dakota?

If the judge finds you violated probation, potential consequences include serving your suspended sentence in jail or prison, additional fines, extended probation periods and stricter supervision requirements. 

Sometimes trouble finds you when you least expect it, but you do not have to face these consequences alone. We are here to help.

Can You Avoid Jail For A Probation Violation?

Not every violation leads to prison. The court can modify your probation terms instead of revoking them entirely. Modification might mean additional conditions, extended probation periods or increased supervision.

Revocation means your probation ends, and you serve your original sentence behind bars. We fight for modification whenever possible, presenting evidence that supports continued probation with adjusted terms rather than incarceration. 

Let Me Protect Your Rights

It is important for individuals on probation in South Dakota to understand the procedure for handling probation violations and the differences in rights compared to other states. By following the conditions set by the court and understanding the consequences of a violation, individuals can avoid having their probation revoked and potentially facing jail time.

If you want to meet with one of our attorneys, you can contact us today by calling 605-450-6182 or emailing us here. The sooner you reach out to me, the sooner I can begin developing a personalized representation plan to protect your future.