If convicted or having pleaded guilty to a crime, you will face specific charges, which can vary based on individual circumstances. However, you may be eligible for probation. This means a Colorado court will outline a specific set of rules and guidelines that you will need to adhere to. So, if you break your probation agreement to follow these rules, you could face severe consequences.
Depending on the seriousness of your violation, you could face additional penalties in the state of Colorado if you violate probation. These penalties could include:
- Having your probation extended
- House arrest
- Electronic monitoring
- Additional restrictions on your existing probation
- Jail time
- Mandatory counseling
- Community service
- Alcohol monitoring
The point of being put on probation in Colorado is to give you a chance to show the courts you’re willing and able to adhere to the punishment handed down by the judge. If you choose to violate the terms of your probation, the courts will likely seek further means of punishment. This is why you need an experienced Colorado criminal defense attorney on your side.
Probation in Colorado is somewhat of a second chance for criminal offenders. It’s a period after conviction in which offenders are monitored for good behavior to avoid a more severe sentence, such as jail or prison.
During this probation period, individuals must adhere to specific conditions set by the court, which may include regular check-ins with a probation officer, maintaining employment, attending counseling or treatment programs, avoiding further legal trouble, and possibly performing community service. Failure to comply with these conditions can result in a probation violation.
So, what are the probation violation consequences in Colorado? To understand what happens when you violate probation in Colorado, you must first have an understanding of how probation works.
How It Works
The court issues a probation sentence after an adult is found guilty of or pleads guilty to a criminal offense.
The conditions of your probation are then set forth by the court and vary by person and individual incident. Some terms are straightforward and obvious (i.e., don’t break any laws), while others may depend on the crime committed, such as the requirement to attend mandatory addiction counseling. The length of time you have to endure probation also varies but usually spans from one to three 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
Probation Violation
A probation violation occurs when someone goes against the terms of their probation sentence. When this happens, probation violation consequences are almost guaranteed.
After violating probation in Colorado, a probation officer may issue an arrest warrant, leading to the probationer’s arrest. Subsequently, a probation violation hearing is scheduled, where the court assesses the allegations, considers evidence and arguments, and decides on potential consequences.
Types of Probation Violations
There are two types of probation violations: technical and substantive.
- Technical 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 violations are 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.
Common probation violations in Colorado can include:
- Failure to report: Not meeting with the probation officer as required.
- Positive drug tests: Testing positive for illegal substances or failing to comply with drug testing requirements.
- Committing new crimes: Engaging in criminal activity while on probation.
- Failure to comply with treatment programs: Not completing mandated counseling, therapy, or substance abuse treatment.
- Failure to pay fines or restitution: Not meeting financial obligations imposed by the court.
- Travel violations: Leaving the jurisdiction without permission from the probation officer.
- Association with known criminals: Associating with individuals involved in criminal activities.
- Failure to maintain employment or education: Not fulfilling requirements related to work or school attendance.
These violations can lead to consequences ranging from warnings or modified conditions to probation revocation and potential incarceration.
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.
Probation Violation Hearing
To determine if probation has been violated, a complaint will first be filed with the court. The court will then hold a probation revocation hearing to determine whether or not probation has been violated. If the court finds that a probation condition has been violated, it must decide within seven days after the hearing whether to revoke or continue the probation (i.e., C.R.S. Section 16-11-206 [2022]).
If you violate your probation terms, you’re almost guaranteed to receive consequences that may include:
- Community corrections
- Jail or prison time
- Resentencing
- Fines and fees
Rights Under Colorado Criminal Law
If you are charged with a probation violation in Colorado, you must 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 criminal trial in court
- The right to legal representation
- The right to present evidence to support your criminal case (i.e., preponderance of the evidence)
Contact a Colorado Probation Violation Lawyer
If you’re accused of violating probation, it’s a serious matter that could lead to fines, counseling, or jail time. It’s crucial to consult a probation violation lawyer who can assess your case and help minimize the consequences.
For expert legal advice and a free consultation with an experienced criminal defense lawyer, contact the Law Offices of M. Colin Breese. Our law firm specializes in probation violation cases and is committed to establishing a strong attorney-client relationship and advocating aggressively on your behalf.
Our legal services cover Colorado, including Arapahoe, Adams, Denver, Douglas, El Paso, Gilpin, Jefferson, and Weld counties, ensuring state-wide legal representation.
