If you’re on probation in Weld County, Colorado and receive notice of a probation revocation hearing, you’re likely feeling anxious and for good reason. A probation revocation could mean jail or prison time, especially if the court finds that you violated the terms of your probation.
But before you panic, know this: you have legal rights, and the state must follow specific procedures. With the right defense strategy, many people are able to avoid the harshest outcomes.
Here’s what you need to know if you’re facing a probation revocation case in Colorado.
Greeley Criminal Defense Attorney: What Is Probation?
Probation is a court-ordered alternative to incarceration. It allows individuals to remain in the community under specific conditions, which can include:
- Meeting regularly with a probation officer
- Submitting to drug or alcohol testing
- Completing community service
- Attending treatment programs
- Avoiding new criminal charges
- Paying restitution or fines
If you follow the rules, probation can help you avoid jail and get your life back on track.
Probation Revocation Lawyer in Erie: What Is a Colorado Probation Revocation?
A probation revocation occurs when your probation officer or the prosecution alleges that you violated the terms of your probation. This can happen for a wide range of reasons, including:
- Failing drug or alcohol tests
- Missing appointments with your probation officer
- Failing to complete court ordered programs
- Committing a new crime while on probation
- Failing to pay restitution or fines
- Moving or traveling without permission
If a violation is suspected, your probation officer may file a complaint with the court, triggering a revocation hearing.
What Are Your Rights in a Probation Revocation Case: A Firestone Probation Attorney Explains
Even though this isn’t a new criminal trial, you still have important rights at a probation revocation hearing, including:
- The right to notice of the alleged violations
- The right to legal counsel
- The right to a hearing before a judge
- The right to present evidence and call witnesses
- The right to cross-examine the prosecution’s witnesses
However, the legal standard is different. The judge doesn’t need to be convinced beyond a reasonable doubt — they only need to find that a violation occurred by a preponderance of the evidence (i.e., more likely than not).
That’s why having a skilled criminal defense attorney can make all the difference.
What Are the Possible Outcomes of a Revocation Hearing in Windsor?
If the judge finds that you did violate probation, they have several options:
- Reinstate probation as is
- Modify the terms of probation (e.g., add more conditions, extend the term)
- Impose sanctions (such as jail time or community service)
- Revoke probation and impose the original sentence (which may include jail or prison)
Not every violation leads to revocation. A strong defense, a good explanation, or evidence of your efforts toward compliance can persuade the Weld County court to give you another chance.
Don’t Face a Probation Revocation Alone: Call O’Malley Law Office Today!
A probation revocation is not just a slap on the wrist. It can send you to jail or prison and impact your future opportunities. Don’t wait until it’s too late to fight back.
At O’Malley Law Office, we know the Colorado probation system inside and out. We’ll review your case, defend your rights, and fight for the best possible outcome, whether that means getting your probation reinstated, avoiding jail time, or minimizing the damage.