The way that the District Attorney views a probation violation is this, "You've already been granted probation and received a second chance, you screwed up, so now you're going to serve some time." What Can You Do If A Motion To Revoke Probation Has Been Filed Against You?
The revocation hearing isn't the same as a trial. The burden of proof for the prosecution is typically not "beyond a reasonable doubt." Rather, it's something less, such as having to prove that, "more likely than not," the violation took place.
If the judge revokes your probation, you will return to jail or prison. Be careful: Even after probation ends, the courts still have 60-90 days to hear about any past violations and take you to court. After the 60-90 days have ended, your probation should be fully closed, and you cannot face a motion to revoke probation.
Bargaining Over a Revocation. When a defendant arrested on new charges is found to be in violation of an earlier probation order, the defense may negotiate a new plea bargain to cover both cases in one package deal. This is especially common in busy courts where calendars are backlogged.
Next, both sides can call witnesses. Usually, a probation officer is the main witness for either hearing. In Douglas County, and other places, sometimes the deferred is supervised by a diversion or deferred judgment officer. If so, that person is the main witness against you. During the hearing, these witnesses will testify that you did not contact them as directed, did not show up for appointments, did not complete your treatment, did not do your community service (this happens a lot), did not pay your costs and fines, did not pay restitution, did report to the jail for a small sentence before starting probation, committed a new criminal offense, or had a hot UA (Urinalysis). These allegations should all be spelled out in your Complaint or Petition to Revoke. It is essential that your criminal defense attorney prepare for the hearing and offer a legal basis for your failure to comply on any of these conditions.
At the end of a deferred judgment, your case is dismissed and you can have your record sealed – no conviction enter s. Similarly, getting a probation sentence beats going to jail, although a permanent conviction enters. However, what occurs when you fail to obey the rules of your deferred judgment or probation? You will face a Petition to Revoke your deferred judgment or probation.
At the end of a deferred judgment, your case is dismissed and you can have your record sealed – no conviction enters. Similarly, getting a probation sentence beats going to jail, although a permanent conviction enters.
A deferred judgment is also known as a deferred. It involves pleading guilty to one or more charges, and completing conditions nearly identical to probation. If you are successful for the term of the deferred, your case will be dismissed and you can have your record sealed. If you are not successful, a Complaint to Revoke Deferred Judgment ...
An Arapahoe County Attorney faces a Petition to Revoke Probation or a Complaint to Revoke Probation when their client fails to meet the terms and conditions of probation. Since probation is only granted following a conviction (by guilty plea or upon a finding of guilt), that issue is dead. There is no scenario where a conviction enters following a probation revocation. Instead, people are resentenced following a judge’s finding that you violated your probation. All of the original possible sentences are available to the judge, just like above.