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Probation Violation FAQ
What are the consequences of a Probation Violation charge?
If you’re found to have violated probation, you may face a variety of consequences.
- A probation violations hearing
- Additional criminal charges being filed
- Immediate remittance to jail if you are convicted of violating probation
- Future loss of probation privileges in the future (if you are ever convicted of another crime)
What are some examples of probation violations?
Here in Colorado, you may be accused of violating your probation when you are alleged to have:
- Missed an appointment with your probation officer
- Failed a random drug or alcohol test (by testing positive for drugs or alcohol) or failed to show up to take a requested drug or alcohol test
- Failed to pay fines
- Failed to report contact with the police
- Failed to attend a court-ordered program or appointment, such as community service, therapy, or education courses
- Failed to maintain employment or status as a student
- Failed to complete community service
- Engaged with a criminal
- Engaged in threatening behavior
- Been arrested or charged for another crime
- Moved residences or left the state of Colorado without permission from your probation officer
Why is a probation hearing different than a typical hearing or case?
Here in Denver, being accused of a probation violation is a serious matter, and the hearings for such charges are unlike typical criminal cases because they:
- Are only heard by and decided upon by a judge (meaning there will be no jury in these cases)
- Only require the prosecutor to prove that it was more likely than not that the accused individual violated his probation (rather than proving beyond a reasonable doubt that the probation violation actually occurred)
- Could result in an immediate loss of freedom, as a conviction will mean that you will have to go immediately back to jail to serve out the rest of your sentence
As you can tell, it’s vital to have an experienced criminal defense lawyer on your side if you’re being accused of violating your probation here in Colorado.
Will I go to jail if I'm accused of violating probation in Colorado?
There is definitely a possibility of going to jail after violating your probation. However, this is a most severe scenario. If you’ve violated your probation, it’s important that you get in touch with a criminal defense attorney ASAP to strategize on how you can rectify this wrong and avoid going to jail or receiving more time on your sentence.
*Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.