Probation can be an effective way to reduce your criminal charges, or it can be a condition of your release. Either way, when you are on probation, you are subject to additional rules and restrictions. If you violate these rules or restrictions, you can face severe penalties, including having to serve out the rest of your sentence behind bars. A criminal defense attorneys at The Harrell Law Firm, PLLC want to help.
If you’ve been accused of violating probation, don’t face the system alone. Contact our probation violation attorney online or call (970) 791-2006 to schedule a confidential consultation.
Common Conditions of Probation in Colorado
When you are placed on probation, a judge sets the terms of your probation at sentencing. Probation conditions can vary by defendant. Common provisions include:
- Attending drug and alcohol classes
- Having regular meetings with a probation officer from the Colorado Probation Department
- Taking periodic drug tests
- Participating in mental health counseling
- Performing community service
- Paying restitution to the victim
You will receive and be required to sign a written agreement that details the specific terms and conditions that apply to your probation.
Types of Probation Violations in Colorado
Violations generally fall into two categories:
1. Rule Violations
Rule violations occur when you are accused of violating one or more terms of your probation. For example, you might:
- Skip a probation meeting
- Test positive for drugs
- Fail to attend mandatory classes
- Refuse to complete community service
2. Law Violations
A law violation occurs when you commit a new criminal offense while serving probation for a prior conviction. These are treated more seriously and can immediately trigger a motion for revocation.
What Happens If You Violate Probation in Colorado?
The penalties for a probation violation depend on the nature and severity of the violation. For less serious infractions, you may receive a warning or a modification of your probation terms. For more serious violations, the court may:
- Revoke your probation
- Reinstate your original sentence
- Extend your probation period
- Add new conditions or restrictions
Revocation of Probation Process
If your probation officer wants to have your probation revoked, they will file a motion with the court. You may receive a summons that requires you to appear in court at a specific date and time, or a warrant can be issued for your arrest. In such a case, you can remain confined until you post a bond.
At your first hearing, the court advises you of the allegations against you and your rights. If you are currently confined, you can request that a hearing occur within the next two weeks.
Before the next hearing, your Loveland probation violation attorney can try to negotiate a settlement with the district attorney’s office to try to prevent your probation from being revoked and the original sentence imposed. For example, it may be possible to reach an agreement in which you attend additional classes or complete community service rather than having your sentence imposed.
If an agreement is not reached, you will proceed toward a motion hearing. The district attorney may order a pre-sentence report and ask for feedback from your probation officer. They may also order other screenings, such as a screening for placement at a halfway house.
At the motion hearing, your lawyer will try to convince the court that confinement is not the best option or that you did not, in fact, violate probation.
Contact the Loveland Probation Violation Attorney at The Harrell Law Firm, PLLC
If you’re facing a probation violation in Loveland, it’s essential to act quickly. The Harrell Law Firm, PLLC can help you understand your legal options and fight for the best possible outcome. Call (970) 791-2006 or contact us online to schedule your confidential consultation with a dedicated Loveland probation violation attorney.
Frequently Asked Questions
What are the penalties for violating probation in Colorado?
Penalties can range from warnings and extended probation to full revocation and jail time, depending on the nature of the violation.
Can I fight a probation violation in Loveland?
Yes. With the help of a probation violation attorney, you can present your case, dispute the allegations, or negotiate alternatives to incarceration.
Will I go to jail for a first probation violation?
Not necessarily. Minor violations often result in warnings or modified terms, but more serious or repeated violations increase your risk of jail time.