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. The Loveland criminal defense attorneys at The Harrell Law Firm, PLLC wants to help. Contact our probation violation attorney online or call (970) 791-2006 to schedule a confidential consultation.
Conditions of Probation
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
There are generally two types of probation violations in Colorado:
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
Law Violations
A law violation is committing a new crime while being on probation for a crime you have already committed.
Consequences of Violating Probation
The consequences of violating your probation can vary. If the violation is relatively minor, you may receive a warning. However, if the violation is serious, you risk having your probation revoked. If your probation is revoked, you can be required to serve the remaining time on your sentence behind bars.
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 are facing probation violation charges, it is essential you understand your legal rights. An experienced Loveland probation violation lawyer from The Harrell Law Firm, PLLC can explain the process ahead and how they can help. Contact us today online or call (970) 791-2006 to schedule a confidential consultation.