As a Colorado probation violation defense attorney with over 30 years of experience, H. Michael Steinberg knows how to advocate for and defend the interests of people such as yourself who have been – or are about to be – arrested for a probation violation.
This is where having an attorney like James Newby representing you can make a huge difference in the outcome. The purpose of the probation violation hearing is for a judge to determine if a violation has occurred and the appropriate punishment. It can mean extending the duration of your existing probation, jail time, paying a fine, and even ...
Call Weber Law today. We’ll deliver the aggressive defense you deserve and fight to prevent your probation from being revoked so that you can maintain your freedom. If you’ve been charged with probation violation in Colorado, call attorney Tom Weber right this minute at (801) 845-0956 for a free, confidential case evaluation.
If you have been charged with a probation violation in Colorado, you need an experienced juvenile defense lawyer in Denver. For more than a decade, Kevin has exclusively defended those facing criminal charges in Colorado and was named Attorney of the Year in 2007 for the Denver Trial Office of the Colorado State Public Defender.
If you violate any of the terms of your probationary release, you may be arrested on a “no bond” warrant and taken into custody. The prosecutor will then file a “ Motion to Revoke Probation ” (MRP) for violating the terms of probation. This motion will be heard before the court in a probation violation hearing.
You have the right to an attorney during your probation violation hearing. A violation hearing will be like a mini-trial before a judge instead of a jury. The prosecutor will present evidence of a violation and your attorney will have a chance to respond to the allegations.
1. If probation is granted, you can avoid jail or prison time as long as you follow the conditions ordered by the court.
The prosecutor may then file a “Motion to Revoke Probation” (MRP) for violating the terms of probation.
The court can include, as a condition of probation, a requirement that the individual participate in a substance abuse treatment program. If the substance abuse assessment determines the individual needs residential treatment, the court can make residential drug treatment a condition required by the court. 10.
Your probation should be revoked and you will be returned to custody to serve out your sentence. The motion will be denied and you will continue the terms of your probation. You will continue probation but the judge will change terms of your or add additional conditions and restrictions.
Beyond a reasonable doubt means there is no “doubt based upon reason and common sense which arises from a fair and rational consideration of all the evidence, or the lack of evidence.” 15. However, the standard of proof in a probation violation hearing may be lower than “beyond a reasonable doubt.”.
In general, there are two types of probation violations: rule violations and new law violations. A rule violation in Colorado is a violation of one or more of the terms set forth in your probation agreement. This could include testing positive for drugs, failing to show up to a scheduled meeting with your probation officer, ...
But probation also involves certain risks. If you fail to comply with your terms of probation, your probation can be revoked and you can end up in prison. YouTube. ftcollinsjustice.
Depending on the individual’s specific needs, the terms of their probation might include specific requirements such as completing drug and alcohol classes, attending mental health counseling, performing useful public service, and paying restitution to a victim.
By contrast, a law violation occurs when a probationer commits a new crime after being placed on probation. This includes any crimes, whether felony, misdemeanor or major traffic offense such as a DUI.
However, the probation officer has the discretion to file a motion to revoke your probation and bring your case back to court.
A summons can be issued, requiring you to appear in court at a specific date and time. Worst case scenario: a warrant can be issued for your arrest, requiring you to be held in custody until a bond is posted.
You are entitled to have an attorney, and if you cannot afford an attorney and qualify, you will be appointed a public defender.
When a judge is about to revoke your probation – it is no laughing matter. The lifetime consequences can be quite severe. If you are in fear of a probation violation you should act right now to protect your rights and enhance your chances of a good outcome by consulting a reputable Colorado criminal defense attorney as soon as possible.
Probation must be taken seriously because they can easily result in a lengthy jail sentence, the loss of a deferred judgement ( and entry of a permanent – lifetime conviction ) as well as other impacts – known as “collateral consequences” that can affect the rest of your life.
As part of a person’s probation, there are a number of rules and requirements that must be satisfied; a deviation from these rules is considered to be a violation of the terms of probation . The specifics of a probation can vary on a case-by-case basis. Indeed, Colorado Revised Statutes section 18-1.3-204 reads that “the conditions of probation shall be such as the court in its discretion deems reasonably necessary to ensure that the defendant will lead a law-abiding life…”
If you have been accused of violating your probation, you will be asked to appear before a judge during a probation violation hearing. At this point, you will have an opportunity to defend yourself. Working with a skilled criminal defense attorney is a must – your attorney can build your defense and present your case to the court to secure the best outcome possible.
While the specifics of probation rules can vary, most of the time, a person is barred from using drugs or alcohol, associating with certain people (those who are involved in criminal behavior), and is required to attend mandatory counseling and check in with a probation officer on a regular basis.
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.
If you violate your probation terms, you’re almost guaranteed to receive consequences.
Terms of probation are 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 a requirement to attend mandatory addiction counseling.
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.
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.