In Greeley, Colorado, if a person violates the terms of their Probation, they will face a hearing to determine if their Probation should be revoked, and they get resentenced. The O’Malley Law Office lawyers will address these 4 key facts about having your Probation Revoked:
- What is Probation in Greeley, Windsor, or Severance Colorado?
- What Does it Mean to Violate Probation in Weld County?
- What Happens in a Probation Revocation Hearing in Greeley and Windsor, Colorado?
- Why Hire a Top Weld County Defense Lawyer for your Probation Revocation-Violation Hearing?
#1. What is Probation in Greeley, Windsor, or Severance Colorado?
Probation in Greeley, Windsor, or Severance is an alternative to jail, where a convicted person is supervised by government staff. Most defendants who are convicted can apply for Probation. If Probation is granted, then they usually do not have to spend time in the Weld County Jail or prison, provided they follow the terms of their Probation. The terms and conditions of a person’s Probation are completely dependent upon the crime committed, whether the defendant has a criminal history, the financial impact of the crime and the victims of the crime. In some rare circumstances, judges will impose some Weld County Jail as a condition of probation. Up to 90 days is authorized for a felony and 60 days for a misdemeanor.,
#2. What Does it Mean to Violate Probation in Weld County?
When Probation is granted in Weld County, the Weld County Courts can impose any reasonable condition of the Probation sentence which the court deems necessary. The goal of Probation is that with the help of the court, the defendant will learn to lead a law-abiding life. The defendant will receive a written list of their conditions of Probation, which are dependent upon on the person’s criminal history and the underlying crime that was involved. Most Probation conditions include not committing another crime, paying restitution, submitting to alcohol / drug testing (if alcohol or drugs were involved in the crime), and any other conditions of treatment laid out by the court. Other common conditions are:
- Finding and keeping full-time employment
- Community service
- Paying fees or fines to the court
- Not possessing a firearm or other weapons
- Reporting to a Probation Officer (PO)
- Remaining in a certain area, such as within Colorado, unless they obtain permission to travel
- Notifying the PO if there is a change in address or employment
Not doing or forgetting to do any of the conditions of a person’s Probation can result in a Petition to Revoke Probation, and a related Probation Revocation Hearing.
#3. What Happens in a Probation Revocation Hearing in Greeley and Windsor, Colorado?
Often in Greeley and Windsor, if a Probation Officer is aware of a violation of Probation, they can do three things: they can talk to the person if the violation is not severe, the PO could summons the defendant for a hearing, or most drastically, the PO could have the defendant arrested. After this, if the prosecution is made aware of a violation, they will then file a “Motion to Revoke Probation.”
At the Probation Revocation Hearing, the judge will hear the prosecution’s evidence and the defendant will have an opportunity to respond to the evidence. This process is much like a trial, but instead of a jury, the determination lies with the judge.
There can be three outcomes to a Probation Violation hearing. The first is that your Probation is Revoked and you are sentenced to jail or prison. The second is that the judge revokes Probation, and resentences you back to probation, perhaps with changes to the terms and conditions of your Probation. Lastly, the motion by the prosecution may be denied and you continue with your Probation as originally planned.
#4. Why Hire a Top Weld County Defense Lawyer for your Probation Revocation-Violation Hearing?
An experienced Probation Revocation-Violation defense lawyer has many tools to help you have a positive outcome in your Probation Revocation-Violation Hearing in Weld County. With over 30 years of experience in defending cases of Probation Revocation, the lawyers at the O’Malley Law Office know how to fight for the best outcome in your case. Whether this is showing that the prosecution did not prove the violation, or to help negotiate with the prosecution for a reinstatement of your Probation without any jail. Let our skilled lawyers fight for you.