Trusted Denver Probation Violation Attorney Serving Colorado
When you need a probation violation attorney, Denver lawyer M. Colin Bresee is ready to hear your case. Don’t place yourself at a disadvantage simply because you don’t understand complex probation violation laws. M. Colin Bresee will work with you to understand the details of your case and be your advocate in a legal system that’s designed to place you at a disadvantage.
With so many nuances in the probation system, it’s easy to overlook a detail and find yourself in need of a probation violation lawyer. Residents of Denver, Boulder, Summit County, and other Colorado areas don’t need to worry about being alone in a challenging legal system. Mr. Breese’s law office gives you and your family peace of mind and an expert guide through Colorado probation law.
When you are suspected of a probation violation, time may be of the essence. Contact the Law Offices of M. Colin Bresee today for a free initial consultation.
What Counts as a Probation Violation?
When you were sentenced to probation, you were given a set of Terms and Conditions of probation. Some of these conditions are standard, but others are specific to you and your crime. Any time you don’t comply with the set of Terms and Conditions given to you, it can be considered a probation violation.
Common probation violations include:
- Being charged with a new crime while on probation, including DUI
- Not complying with programs in your Terms and Conditions, such as:
- Alcohol and drug counseling
- Alcohol and drug testing
- Mental health programs
- Domestic violence counseling
- Workforce development
- Community service
- Failure to pay fines or restitution
- Leaving the state without approval
- Possession of weapons or illegal drugs
- Violating a no-contact or restraining order
- Not reporting to your probation officer as required
- Failure to report changes in employment or residence
- Not being where you’re supposed to be when a probation officer visits
- Damaging or trying to trick monitoring devices
It’s important to study the terms of your probation closely when released. Make sure you understand what’s expected of you. Many probation violations arise from misunderstanding the terms. In other cases, violations might arise from personality conflicts between you and your probation officer.
Technical probation violations are relatively minor and might not result in changes to your probation. Substantive probation violations are more likely to lead to revocation of probation terms.
It is important to contact a probation violation lawyer as soon as you become aware of a possible probation violation. The sooner you act, the better your likely outcomes.
How Can I Get Out of Jail with a No Bond Warrant?
If you are suspected of a probation violation, the Court will often issue what is known as a “No Bond” warrant. This warrant means that you cannot be released from jail because the Court has not yet set terms of your bail.
A probation violation lawyer can help you set up a bail hearing as soon as possible to secure your release.
What to Expect in a Probation Violation Hearing
A probation violation hearing is not a criminal trial. Under Colorado probation laws, you do not have the same rights in this hearing as you do in a trial, including: the right to a jury trial, the right to remain silent, and the right to be presumed innocent.
In a criminal trial, prosecutors must prove you are guilty beyond a reasonable doubt. They do not need to meet that level of proof in a probation violation hearing. Instead, your hearing will be before a judge who will make the decision based on the preponderance of evidence. Your probation violation hearing might even take place before your trial for the crime you supposedly committed in violation of your probation. Because of different evidence standards, a judge might find you in violation of your probation for criminal charges that you are found “Not Guilty” of yet.
A probation violation lawyer can help you understand the differences between these two types of hearings. They can help you utilize the small advantages the system offers to try to achieve the most favorable outcome.
Consequences of Probation Violation
If a judge determines that you violated your probation, they can inflict serious consequences on you, including:
- Additional Terms and Conditions for your probation
- Longer probationary period
- Fines and additional fees
- Community service
- House arrest
- Revocation of your probation
- Prison or jail time, including part or all of your original sentence
- Additional penalties related to your original sentence
The Court sees probation as a privilege that it has the right to revoke if it feels you aren’t complying with the Terms and Conditions it gave you. An experienced probation violation lawyer like Mr. Bresee speaks the language of the law, making it easier for you to communicate why your actions didn’t constitute a probation violation. Or he can help you explain why it’s a minor violation, has mitigating circumstances, or otherwise shouldn’t lead to significant penalties.
Top Colorado Probation Revocation Attorney
Mr. Bresee has decades of experience in Colorado’s intricate judicial system. He’s worked both sides of the criminal justice system. He knows how prosecutors think about your case and uses that experience as a criminal defense attorney. Your probation violation or revocation case is unique, and you deserve to have the assistance of a legal professional who understands the system inside and out. The most important part of the attorney-client relationship is that you never feel like a number and know that we believe your case is unique.
Our legal services extend to the following areas:
- Arapahoe County (including Aurora, Centennial, Englewood, Greenwood Village, and Littleton)
- Adams County (including Thornton and Westminster)
- Denver County
- Douglas County (including Castle Rock, Highlands Ranch, and Parker)
- El Paso County (including Colorado Springs and Security-Widefield)
- Gilpin County (including Central City)
- Jefferson County (including Arvada and Lakewood)
- Weld County (including Greeley and Longmont)
We are available 24 hours a day, so we encourage you to contact us immediately.
Contact Us Today – Free Consultation, Available 24 Hours
Mr. Breese’s law firm is available to you 24 hours a day. We want to hear the details of your case and will be happy to set up a no-obligation, free consultation with you. You deserve an advocate in the Colorado legal system – we’ll work to place you in the best possible position given the merits of your specific case.
Probation Violation Charge FAQs
Below are some frequently asked questions (FAQs) regarding probation violation cases in Colorado.
Can I be resentenced?
If you are accused of violating your probation, you can be resentenced for your original crime. Resentencing could mean prison, county jail, work release, in-home probation, and/or additional fines and fees.
Can I be arrested or given a summons for probation violation?
If you violate your probation, you can either be arrested or given a summons at the discretion of your probation officer. If arrested, you will have to post a bond or remain incarcerated.
What do “reasonable terms” include?
As terms of your bond, the Court can impose “reasonable terms” associated with your bond, which may include:
- No contact with the victim or victim’s family (even if it’s your own)
- You may not be allowed to return to your house
- You may not be allowed to see your own children
- You may be subject to an alcohol sensor (you cannot consume alcohol while you are out on bond)
- Your probation officer can come to your home or place of work at any time, unannounced
- A mandatory GPS ankle bracelet until the case is concluded