Probation Violation Lawyers in Colorado Springs

Probation is a sentence served in the community on conditions: reporting, testing, treatment, paying restitution, and staying out of trouble. When a probation officer believes a condition has been broken, they can ask the court to revoke probation. A revocation case is different from a new criminal case, and the protections are weaker, so it is worth taking seriously from the start.

How a violation case starts

A probation officer can summon you to court to answer the alleged violation or, in some cases, arrest you. Common allegations are missed appointments or tests, a positive test, failing to complete treatment, unpaid restitution or fees, and a new arrest. The court then holds a revocation hearing, where you admit or deny the violation.

The burden of proof

At the hearing, the prosecution has to prove a violation by a preponderance of the evidence, meaning more likely than not, a lower standard than in a criminal trial. There is one important exception. If the violation alleged is a new crime, the prosecution must prove it beyond a reasonable doubt, unless you have already been convicted of it. The court can put the revocation hearing off until the new criminal case is over, and the timing of the two cases can matter.

The rules of evidence are looser too. Hearsay can be used, as long as you have a fair chance to rebut it. If you are held in custody, the hearing must take place within 14 days of the complaint unless the court grants a delay.

What the court can do

If the court finds a violation, it has seven days to decide whether to revoke probation or continue it. If it revokes, it can impose any sentence it could have imposed originally, up to the maximum for the offense. That is the real risk in a violation case. The court can also continue probation, sometimes with added conditions or a short jail term, and that is often the realistic goal.

Deferred judgments

A deferred judgment works on a similar agreement. If you break a condition, the court can enter the conviction on your guilty plea and sentence you, which is exactly what the deferred judgment was meant to avoid. For some drug offenses, the court has more flexibility to continue the deferred judgment instead.

How we handle probation violations

We get the probation file and the complaint, and we find out what actually happened, because many violations have an explanation the officer didn’t record. Where the allegation is weak, we contest it. Where it isn’t, we present what you have done well on probation and a plan that gives the court a reason to continue it rather than revoke. If a new charge is behind the violation, we coordinate both cases.