Greeley Probation Violation Attorney: What Is Probation Revocation in Colorado?
Probation revocation is a court proceeding that begins when a probation officer or prosecutor alleges that you violated the terms of your sentence. Under C.R.S. 16-11-206, the prosecution files a complaint asking the court to revoke or modify your probation. Violations can be “technical,” such as missing appointments, failing a drug or alcohol test, or not paying fines and restitution, or they can involve a new criminal charge.
Windsor Probation Revocation Lawyer: What Happens After a Probation Violation Is Alleged?
Once a complaint is filed, the court may issue a summons or a warrant for your arrest. You will have a first appearance in Weld County court, where the allegations are explained and a hearing date is set. Unlike a criminal trial, a revocation hearing is decided by a judge, not a jury, and the prosecution’s burden of proof is lower: a preponderance of the evidence rather than beyond a reasonable doubt.
I’m Facing a Probation Revocation in Weld County: What Are the Possible Penalties?
If the court finds a violation, it has broad discretion. Outcomes can include:
- Continued probation: often with stricter conditions
- Extended probation: adding months or years to your term
- Added requirements: treatment, monitoring, community service, or short jail sentences
- Revocation and resentencing: which can include jail or a prison sentence permitted for the original offense
For people on felony probation, the original sentencing range can come back into play, making the stakes especially high.
Frequently Asked Questions About Probation Revocation
Can I go to jail for a probation violation in Colorado?
Yes. Depending on the violation and your original sentence, jail or prison is possible.
Do I get a jury trial at a revocation hearing?
No. Revocation hearings are decided by a judge.
Can a new arrest lead to probation revocation?
Yes. A new charge can trigger a revocation complaint even before the new case is resolved.
Should I talk to my probation officer before hiring an attorney?
No. Statements you make can be used in the revocation proceeding.
If you’re facing a Probation Revocation, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a consultation. Together, we can protect your future.
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