Courtesy of Pixabay.com
Probation in Colorado is somewhat of a second chance for criminal offenders. It’s a period of time after conviction in which offenders are monitored for good behavior to avoid a more serious sentence, such as jail or prison. The terms of probation vary from person to person and depend on the crimes committed, but may include mandatory counseling, community service, and alcohol monitoring.
A probation violation occurs when someone goes against the terms of his or her probation sentence. When this happens, probation violation consequences are almost a guarantee.
So, what are the probation violation consequences in Colorado? In order to understand what happens when you violate probation in Colorado, we must first understand what exactly probation is.
About Probation in Colorado
A probation sentence is issued by the court after an adult is found guilty of or pleads guilty to a criminal offense.
Terms of probation are set forth by the court and vary from person to person. Some terms are straightforward and obvious (i.e. don’t break any laws) while others may depend on the crime committed, such as a requirement to attend mandatory addiction counseling. The length of time one has to endure probation also varies but usually spans from 1 to 3 years.
Probation is an option in Colorado for adults and juveniles who have been convicted of certain non-violent felonies and misdemeanors. Exceptions include:
- Those convicted of a class 1 felony or a class 2 petty offense
- Those who have been twice convicted of a felony in any state
- Those who have been convicted of one or more felonies in the U.S. in the past ten years of a previous class 1, 2 or 3 felony conviction.
- Those who have been convicted of second-degree burglary
- Those who have been convicted of theft of an object valued at more than $500
- Those who have been convicted of a felony against a child
- Those who have been convicted of the aforementioned crimes in other states
Types of Probation Violations in Colorado
There are two types of probation violations: Technical and substantive.
- Technical probation violations are violations of probation terms set forth by the court. An example of a technical probation violation in Colorado may include testing positive for drugs or failing to show up to a mandatory counseling session.
- Substantive probation violations are actually new criminal charges that arise during your probation sentence. A crime that’s unrelated to the crime you’re originally charged with constitutes a new crime and a substantive probation violation.
Since there is a difference between technical and substantive probation violations, they each come with their own respective set of consequences.
Colorado Probation Violation Consequences
Probation violations almost always come with consequences. If it’s your first violation and you’re lucky, you may get by with a warning from your probation officer. Otherwise, you will have to face a judge.
To determine if probation has been violated, a complaint will first be filed with the court. The court will then hold a hearing to determine whether or not probation has been violated. If the court determines probation has been violated, then probation will be revoked, leading to next steps.
If you violate your probation terms, you’re almost guaranteed to receive consequences. Consequences of probation violation may include:
- Community corrections
- Jail or prison time
- Resentencing
- Fines and fees
Colorado Probation Laws: Your Rights
If you are charged with a probation violation, it’s imperative that you understand your legal rights to avoid additional consequences.
Your legal rights include:
- The right to receive a written notice of the violations you’re being charged with
- The right to a fair trial in court
- The right to an attorney
- The right to present evidence to support your case
Summary
A probation violation of any kind is a very serious matter. If you find yourself accused of violating the terms of your probation, the best thing you can do is contact a qualified criminal defense attorney to examine your case and mitigate any potential consequences.
If you’re in need of a probation violation attorney, contact us for a free consultation. We’re ready to fight for your case.
Nakia said
Looking for lawyer. Son on probation and being charged with stuff not his or even knew about(cocaine and a gun). Im free today anytime after 11am
Colin said
Thank you for messaging our blog. Please contact our office for a free consultation on your son’s case. Every case is unique and we will need more information to better assist you.
Darlene Tollefsrud said
I was sick so I didn’t go to my last required urine test.
I already had a verbile and written warning on probation.
Is there something I can do to avoid jail time?
Colin said
This all depends on if your probation officer is going to revoke your probation. I suggest you find out if you are being revoked, and if you then get in contact with an attorney right away. You have a better chance of being revoked and reinstated if you have an attorney to represent you. Please feel free to call our office and get a more detailed analysis of your situation.
Alexis Aragon said
If this is my husbands first time violating probation as an adult with two pending cases what will most likely happen
Colin said
This is a very complex question with a very complex answer. Please reach out to our office so we can better assess your case. Thank you.
Warren said
How long can a person stay in jail
With no new cases with probation
Violation. I know someone in
Jail for 120 days and counting.
I want to know how he gets out.
Colin said
This is a complex question. I will need to know more information. Please feel free to call our office so we can better assess your case. Thank you.
Tim said
I simply forgot to plug in the sleeptime monitor after taking it to comcor for analysis. I missed the time by 1 hour. Will there be repurcussions
Colin said
Please contact our office for more information. We will need more information to better assess your unique case. Thank you.
Gloria said
Hi my name is Gloria Morales. I would like to ask a few questions if you can text me back or call me I would really appreciate it.
Thanks
Colin said
You did not provide us with your phone number. Please contact our office for more information.
Michelle said
My probation officer is harassing me to the point of no return I know who do you report this to
Colin said
Please contact our office for more information. What kind of harassment is going on? We will need more information in order to assess your unique case.
Arie said
My wife was on a minor probation for a bar brawl. She just got a dui. What kind of blow back should we expect
Colin said
Part of most probationary sentences is a provision that states “you shall not violate any other laws.” There was also probably a no alcohol provision of probation. Your wife’s probation will likely get revoked and she will have to do the maximum sentence for the crime she committed. There will likely be implications for the DUI as well since she has demonstrated that she can not successfully complete probation. This is generally, please contact our office so we can better assess your case. We will need more information to give you a more accurate answer. Thank you.
James Johnson said
Can you be sent back to jail on a technical violation such as not reporting work information. I served my maximum 15 months on an 18 month sentence. Been out on probation since July. I havent been sending in reports and she’s just now yelling at me about it after 6 months.
Colin said
Yes. You could be charged with new crimes if you do not do what your probation officer requests of you. The probation officer has complete discretion in revoking someone’s probation. The best way to combat this is to comply with all aspects of your probation. Contact our office for more information.
Brittani said
I have been sentenced to a year probation of defered judgment. Im pretty sure i failed my last UA with pot. Im really scared i will be sent to jail. What are somethings i could say or do to nogotiate a litter consequence
Colin said
There is not a lot you can say to mitigate this issue. You are at risk for additional charges and your probation being revoked. Please contact our office for more information so we can assess your case further.
Chris said
My nephew has missed 4 fandoms this month. He is on probation with deferment in two years for 2nd degree felony with strangulation and resisting arrest. This young man doesn’t think the rules apply to him and his PO continuously lets him get away with this. What can be done? And what should this young man’s consequences be?
Colin said
It is solely up to the discretion of the probation officer to revoke someone’s probation or not. If the Probation officer has not revoked his probation than the probation officer feels as though he has not done enough to deserve a revocation. There really is not a lot you can do. If his probation does get revoked then he could potentially lose is deferment and have to serve the maximum penalty for his crime. However, there is nothing you can do to make a probation officer revoke someone’s probation. Please feel free to contact our office for more information.
Christina said
This is all new to me. I am homeless, no transportation. Yet to meet with the PO. I have so many health issues. What happens if I can’t make UA? I’d rather house arrest or inpatient detox/rehab. What can I do?
Colin said
This depends on what your plea agreement was and what your probation officer is willing to do. You will not get house arrest if you are homeless. You may not be eligible for inpatient treatment. This is all very complex and usually determined during sentencing or before you take a plea. Please contact our office so we may better assess your unique situation.
Alicia said
I have just received a 2nd probation violation for a hot UA for DUI conviction. The first was a year ago. Is there a way to avoid jail time?
Colin said
We will need more information about your case. Has your probation officer revoked your probation? If so, you could be at risk of jail time. Please contact our office so we can assess your unique case.
Lisa said
I am possibly looking at a probation violation . I have not consumed any alcohol, I am on the scram bracelet and also on ua’s . I am needing legal advice on how to fight this without doing jail time. As I am compiling with my required probation rules.
Colin said
We will need more information in order to assess your unique case. Please contact our office so we may provide you with more detailed and accurate information.
Charles "Stonewall" Thomas said
I believe I may have a hot ua result coming in for EtG….please call me at 505-309-5927. Charles “Stonewall” Thomas
This is a Denver County case. ASAP!
Respectfully Submitted,
Charles “Stonewall” Thomas.
Colin said
We have tried to call you. Please contact our office.
sam said
hello, my ex is currently on probation and just was arrested for a class 1 misdemeanor. They both are considered dv cases. She is being held with no bond and her court date is this afternoon. Could someone please contact me I have some questions regarding the case.
Colin said
Please call our office so we may assist you on this matter.
Justin said
Will I have to do prison time for 1st offense DUI in CO?
Got a DUI in CO 2 years ago. 1st one ever and never got anything else on my record since. I’ve payed fees, did a couple days in jail, classes, community service. Basically everything that was asked of me. I was told to appear in court within 3 days (couldn’t due to work and I live in CA) then a warrant was issued for my arrest and I was told I’d be extradited back to CO. I’m being treated like a fugitive even though I’ve complied and have stayed out of trouble and am a honest person with a good career on the line. What can I do to avoid imprisonment? I have to work, and cannot fly over there to Colorado at the drop of a dime. Main question is: can I avoid prison time?
Andrew said
I was released on probation 5 years ago and requested a state transfer. It was march, I was homeless and slept outside for a week while waiting for a verdict. I couldn’t stand freezing and starving so I left state to come home. It’s a 2nd offense. What should I expect? It’s a 5 year old caSE and I had a good reason
Colin said
Please contact our office to assist you with your matter.
Pete said
Im on probation and got a new charge for driveing witout a liscense and possible revoke from probation im on probation in pueblo and denver but they ran them concurrent and denver pueblo wants to revoke and reinstate but idk bout denver wat they gunna do its my first time with a traffic violation and only other charge i have gor while being on probation i dont want to go back to jail wat do u think im lookn at
Colin said
Our office has reached out to you. Thank you.
Tawny said
I lost my job when I was in jail for a DUI I am required to do random UA’s the closest place to test is 13 miles away so out of walking distance and with no job there is no money for a taxi ride and there is public transportation available. Is there something that I can file for to get special consideration due to hardship?
Colin said
Our office has reached out to you via e-mail. Thank you.
Brian said
Hi, I have a 4yr deferred sentence and I am on probation August makes 3yrs completed. I got arrested on suspicion of dui, then was given a 5000 cash/surety bond, and was released, what am I likely facing, I have never had any issues with probation, I only even talk to them once every about 40 days on the phone and have never had a dirty ua while I was on the ua program. Please help. 719360322
Brian
Categories
Criminal Defense Practice Areas:
p: 303-377-0100
f: 303-534-0400
e: colin@bresee.com
Send this to a friend