When a court places you on probation, it's offering you an alternative to jail time. However, this freedom often comes with strict conditions. Your probation officer will create a supervision plan, which you must follow to avoid violating your probation. Being charged with violating your probation is a serious matter that should not be taken lightly.
At Grabski & Shah, our attorneys have seen firsthand how a simple mistake can lead to serious probation violation charges. We provide strategic legal support to those facing these situations. Serving Colorado Springs, Colorado, and the surrounding communities, we are well-versed in the local court systems and are dedicated to protecting our clients' rights.
If you've been accused of violating your probation, getting help from a defense attorney is an important step in defending your freedom and future. We can help you understand the consequences of violating probation and explore your options for building a defense.
Understanding Probation in Colorado
Probation is a form of criminal sentencing that allows an individual to remain in the community under the supervision of a probation officer, rather than serving a prison sentence. It comes with a set of rules, known as conditions of probation, that you must follow for a specific period. The goal is to encourage rehabilitation while still holding you accountable for your actions.
These conditions are tailored to the individual and the nature of the original offense. Some are standard for nearly every case, while others are more specific.
Common Conditions of Probation
While your specific terms will be unique to your case, most people on probation in Colorado must adhere to the following conditions of probation.
Regular check-ins: You will be required to meet with your probation officer (PO) at scheduled times. These meetings are mandatory and are used to track your progress.
No new offenses: You must not commit any new crimes. Getting arrested for another offense, even a minor one, is a serious violation.
Employment or education: Many probation terms require you to maintain steady employment or be enrolled in an educational program.
Sobriety: You will likely be required to abstain from alcohol and illegal drugs. This is often verified through random drug and alcohol testing (UAs).
Court-ordered classes: Depending on your original charge, you may need to complete anger management, substance abuse treatment, or domestic violence counseling.
Paying fines and restitution: You must make timely payments on any court costs, penalties, or restitution owed to victims.
Travel restrictions: You typically cannot leave the state without getting permission from your probation officer and the court.
Failing to meet any of these conditions can trigger a probation violation complaint. If you think you may have violated your probation in Colorado, contact an experienced criminal defense attorney as soon as possible.
What Constitutes a Probation Violation?
A probation violation happens when you fail to follow the terms and conditions set by the court. Violations generally fall into two categories: technical violations and violations of new laws.
Technical Violations
Technical violations occur when you break one of the specific rules of your probation that isn't a new criminal act. Some common examples of a technical violation include:
Missing an appointment with your probation officer
Failing a drug or alcohol test
Not completing the required community service hours
Falling behind on fine or restitution payments
Leaving the state without permission
New Law Violations
New law violations are a more serious type of violation. This type of violation means you have been arrested and charged with a new crime while on probation. This could be anything from a traffic offense like a DUI to a more serious felony. A new law violation shows the court that you may not be taking the opportunity of probation seriously.
The Legal Process for Probation Violations
When your probation officer believes you have violated your terms, they don't decide your punishment themselves. Instead, they initiate a formal legal process. Under Colorado Revised Statute § 16-11-205, a probation officer will be required to file a complaint with the court detailing the alleged violation.
Once the complaint is filed, the court will issue a summons for you to appear or, in more serious cases, a warrant for your arrest. If an arrest warrant is issued, you will be taken into custody and held until your court date, often without the option to post bond.
You then have a probation revocation hearing. This is not a new criminal trial. The standard of proof is lower than "beyond a reasonable doubt." The prosecutor only needs to prove by a "preponderance of the evidence" that you likely violated your probation. This means they must demonstrate that it is more likely than not that you failed to follow the rules.
Since the burden of proof is lower, it is easier for the prosecution to prove a violation. This is why having a defense attorney is so important. An attorney can potentially challenge the evidence presented by the probation officer and the prosecutor.
Potential Penalties for a Probation Violation
If the judge finds that you violated your probation, they have several options in terms of penalties. The outcome often depends on the nature of the violation, your history of probation, and the original offense. Some of the possible penalties you may receive include:
Reinstatement of probation: For a first-time technical violation, the judge might give you a second chance. They could reinstate your probation with the same conditions, sometimes with a stern warning.
Modification of probation: The judge could add stricter conditions to your probation. This might mean more frequent check-ins, a longer probation term, mandatory drug treatment, or a short stint in county jail as a "shock" sentence.
Revocation of probation: This is the most serious outcome. The judge can revoke your probation entirely and impose the original sentence that was suspended. For example, if you were facing up to two years in prison for your original crime, the judge can now sentence you to that full term.
How Can a Defense Attorney Help?
Facing a probation violation allegation can be frightening, especially with the threat of jail or prison time hanging over you. At Grabski & Shah, our skilled criminal defense attorneys can build a defense strategy to protect your freedom.
Thoroughly review the probation officer’s complaint against you: Our attorneys look for weaknesses in the claims against you and gather evidence to counter them. For instance, if you are accused of missing a meeting, we might be able to show you had a legitimate emergency. If you fail a drug test, we may question the testing procedure or suggest that you voluntarily enter a treatment program.
Represent you at the revocation hearing: We can cross-examine the probation officer, challenge the evidence they present, and advocate for your best interests on your behalf. Our goal is often to show the judge that the violation was not willful or that it was a minor slip-up in an otherwise successful probation term.
Negotiate with the prosecutor and the judge for a more favorable outcome: Instead of revoking your probation, we can argue for less severe penalties, such as adding community service hours or reinstating probation, which would allow you to continue working and supporting your family.
Criminal Defense Attorneys in Colorado Springs, Colorado
At Grabski & Shah, we understand that complying with Colorado law is a high priority. A missed court date or an error in paperwork can lead to severe and lasting consequences. When facing a criminal issue, it is vital to handle your case correctly from the beginning.
Our attorneys, Jared Grabski and Meghal Shah, provide dedicated and thoughtful legal assistance when you need it most. We are committed to serving clients in Colorado Springs and nearby areas, helping you protect your rights and futures. Contact us today to schedule an initial consultation.
