When a person is granted probation, the jail sentence normally associated with a particular offense is suspended, and the individual is placed on community supervision. However, probation can be revoked if you violate any of the conditions. All of the original possible penalties, including additional fines and lengthy jail sentences can be imposed with limited court hearings if probation is violated.
A Colorado Front Range probation violation lawyer could help your case. Violating probation could result in being sent to jail to serve the sentence that was initially suspended, but isn’t just limited to only the suspended sentence, and you could be looking at the whole possible sentence all over again. A skilled defense attorney could help you build a defense. Speak to Justie and Jenn at Nicol Gersch to discuss your legal options.
Section 18-1.3-203 of the Colorado Revised Statutes Annotated specifies the criteria for being placed on probation in Colorado Front Range. The criteria include:
These are just some of the factors the court takes into consideration when determining whether or not to grant probation. Many other factors are taken into account, as well. An experienced Colorado Front Range probation violation attorney could discuss the law and how it relates to a particular case.
Section 18-1.3-204 of the Colorado Revised Statutes Annotated outlines common conditions of probation that can be assigned to probationers. Examples of common probation conditions include:
These are just a few examples of the conditions that commonly apply to individuals on probation in Colorado Front Range, but additional conditions could be imposed as well. For instance, individuals placed on intensive supervision probation often have stricter conditions associated with their probation, up to and including random searches of your home and possessions.
When a person violates the conditions of probation, there are several possible outcomes. In some cases, the individual might be permitted to remain on probation but for a longer period (called “revoked and reinstated”). In some situations, a short jail sentence or additional communication can be imposed before probation is regranted. Probation could also be revoked, and the original sentence imposed, which could mean serving time in jail or prison.
If a person violates probation by committing a new offense of any sort (even traffic offenses greater than 4 points), probation will likely be revoked. The person could be charged and tried for the new offense and face additional penalties, such as another term of imprisonment if convicted. A probation violation lawyer in Colorado Front Range could answer questions about the penalties for specific probation violations.
If you’re facing a probation violation hearing, you should know you’re not entitled to a new jury trial. In other words, you don’t get a do-over of your original constitutional rights. A hearing to the court is all that you’re entitled to, and you’re not always guaranteed that the same judge who heard your case originally will hear any probation violation complaint against you.
At a probation violation hearing, a judge will decide both 1) whether the DA proved the violation and 2) will re-sentence you, if so. In such a hearing, the DA does not have to prove you violated probation beyond a reasonable doubt, but rather only by a preponderance of the evidence, which is a much easier standard. It’s important to have a competent probation violation attorney to help you if you are thinking of going to a probation violation hearing.
If you are dealing with an alleged violation of probation, a Colorado Front Range probation violation lawyer could help you fight to avoid having your probation revoked and the original suspended sentence imposed. If no violation actually occurred, it is also possible a lawyer could work to demonstrate it was never violated in the first place. A good lawyer can also help you get back in substantial compliance with your probationary sentence prior to any violation hearing, in which case the court or the DA may just let you complete your original sentence without revoking your probation.
You do not have to handle your case alone. Let Jenn and Justie handle your case and help you fight the allegations. Speak with a Colorado Front Range probation violation attorney today to get started on your case.