If you are on probation in Weld County, a violation can put your freedom at immediate risk. Many people are surprised to learn how quickly a missed requirement or new arrest can lead to a revocation complaint and a warrant. Below are common questions we hear from clients facing probation revocation in Weld County, including cases arising in Greeley, Evans, Windsor, Firestone, Frederick, Dacono, Erie, Milliken, Johnstown, LaSalle, Platteville, and Fort Lupton.
Greeley Probation Revocation Lawyer Explains: What Is a Probation Revocation?
Probation revocation is the legal process the court uses to determine whether you violated the terms and conditions of your probation. If the court finds a violation, the judge may continue probation, modify conditions, or revoke probation entirely and impose a jail or prison sentence. In Weld County, Colorado, probation violations are governed by Colorado Revised Statutes 16-11-206. The prosecution must prove a violation by a preponderance of the evidence, which is a lower standard than “beyond a reasonable doubt.”
Attorney for Probation Violation in Firestone: What Can Trigger a Probation Violation in Weld County?
A probation violation can be filed for many reasons. Common allegations include failing to report to your probation officer, missing required classes or treatment sessions, failing drug or alcohol tests, not completing community service, failing to pay fines or restitution, leaving the state without permission, or picking up a new criminal charge. Even technical violations that do not involve new criminal conduct can result in a summons or arrest warrant.
Weld County Defense Attorney: Can I Go to Jail for a Probation Violation?
Yes. If probation is revoked, the judge can impose any sentence that was originally available at the time of conviction. This may include county jail or, in felony cases, a sentence to the Colorado Department of Corrections. However, jail is not automatic. Judges in Weld County often consider factors such as the seriousness of the violation, your overall compliance history, efforts to complete treatment, employment status, and whether the violation involved new criminal conduct.
What Is a Revocation Hearing Like in a Greeley Probation Revocation Case?
A probation revocation hearing is different from a trial. There is no jury. The judge decides whether a violation occurred. The prosecution presents evidence, which may include testimony from your probation officer, drug test results, treatment records, or police reports. You have the right to be represented by an attorney, to present evidence, and to cross-examine witnesses. Because the burden of proof is lower than in a criminal trial, preparation is critical. In many cases, strategic negotiation before the hearing can result in a modification of probation rather than full revocation.
I’m on Probation in Milliken, What If I Picked Up a New Charge?
If you are charged with a new offense while on probation, the court can proceed with the probation violation even if the new case has not yet been resolved. Sometimes it is strategically beneficial to coordinate the defense of both cases together. The outcome of the new case can directly impact the revocation decision.
Windsor Defense Lawyer: Can Probation Be Modified Instead of Revoked?
Yes. Courts in Weld County have the authority to modify probation conditions. This may include extending probation, adding treatment requirements, increasing reporting, imposing short jail sanctions, or adjusting payment plans for fines and restitution. An experienced criminal defense attorney can often present mitigating evidence showing that continued supervision, rather than incarceration, better serves both rehabilitation and public safety.
What Should I Do If I Am Accused of Violating Probation?
If you learn that a violation has been filed, you should act immediately. Do not ignore a summons, and do not assume the issue will resolve itself. If a warrant has been issued, speaking with a defense attorney before turning yourself in can help you prepare for bond arguments and minimize time in custody. Statements made to probation officers or law enforcement can be used against you in the revocation process. It is important to consult with a criminal defense attorney before making admissions or providing written statements.
Facing Probation Revocation in Weld County?
If you are on probation in Greeley, Evans, Windsor, Firestone, Frederick, Dacono, Erie, Milliken, Johnstown, LaSalle, Platteville, Fort Lupton, or anywhere in Weld County, a violation allegation must be taken seriously. Probation revocation can result in the loss of your freedom and the imposition of a previously suspended sentence. Early intervention, careful preparation, and strategic advocacy can make a significant difference in whether you remain on probation or face jail or prison time.