In Greeley and Weld County, probation is a sentencing option for many cases when a person is appropriate for a community-based sentence. The person sentenced to probation has to agree to certain terms and conditions – things like no alcohol or drugs, taking random UAs and/or BAs, meeting with the probation officer as scheduled, and completing any classes or treatment. If a person on probation does not follow the terms and conditions, then their probation may be revoked.
Probation Revocation Attorney: What Does It Mean If My Probation is Revoked in Greeley, Colorado?
When a person’s probation is revoked, it means they have notified the court of non-compliance and you are going to have to go back in front of the judge in Weld County Court. You are basically able to be resentenced based on what you pled to. So, if you pled to a class 1 misdemeanor, then you would eligible for up to 364 days in the Weld County Jail. It’s basically like the case sentencing starts over again. Now, there is definitely the option to get your probation reinstated and we have been successful in getting clients back on probation with a few additional hours of community service or another punitive measure. We ALWAYS recommend that you stay compliant with probation even during the revocation process. It can only help with arguments for reinstatement.
Probation Revocation in Weld County: Will I Be Arrested If My Probation is Revoked?
Generally, when a person on probation in Weld County is under revocation, they are issued a summons. Unless one of the following factors apply, the law states the probation officer SHALL summons the person.
Under C.R.S. 16-11-205 – Arrest of Probationer:
(a) The officer has a warrant commanding that the probationer be arrested; or
(b) The officer has probable cause to believe that a warrant for the probationer’s arrest has been issued in this state or another state for any criminal offense or for violation of the conditions of probation; or
(c) Any offense pursuant to the laws of this state that is statutorily eligible for arrest has been or is being committed by the probationer in his presence; or
(d) (Deleted by amendment, L. 2022.)
(e) The officer has probable cause to believe that the conditions of probation have been violated and probable cause to believe that the probationer is leaving or about to leave the state, or that the probationer will fail or refuse to appear before the court to answer charges of violation of the conditions of probation, or that the arrest of the probationer is necessary to protect the safety of the community or another person or prevent the commission of a crime.
So, in most cases, a person being revoked on probation will not have to be arrested.
If you or someone you love is dealing with 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 free initial consultation. Together, we can protect your future.
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