If you are sentenced to probation instead of a more serious penalty, such as a period of incarceration, there are certain requirements that must be satisfied during the probationary term. And if probation is violated, serious consequences may follow, including the revocation of probation privileges. If you have been accused of violating your probation in Colorado, working with a skilled criminal defense attorney is a must. The law office of Miller Leonard, PC is ready to assist you.
What Is Probation?
As briefly mentioned above, probation is a type of sentence that is issued by a court post a guilty conviction or plea, and that typically takes the place of a more serious sentence, such as jail time. In some cases, a person may complete a period of incarceration and then be released on probation rather than finishing out the remainder of their sentence.
But probation is not a “get out of jail for free” card; instead, a person is granted probationary privileges in exchange for good behavior.
Colorado Probation Rules
As part of a person’s probation, there are a number of rules and requirements that must be satisfied; a deviation from these rules is considered to be a violation of the terms of probation. The specifics of a probation can vary on a case-by-case basis. Indeed, Colorado Revised Statutes section 18-1.3-204 reads that “the conditions of probation shall be such as the court in its discretion deems reasonably necessary to ensure that the defendant will lead a law-abiding life…”
Colorado Probation Violation Laws
While the specifics of probation rules can vary, most of the time, a person is barred from using drugs or alcohol, associating with certain people (those who are involved in criminal behavior), and is required to attend mandatory counseling and check in with a probation officer on a regular basis.
There are two types of probationary violations that a person may commit: technical and substantive. A technical violation refers to a violation of a probation term set by a court, such as the requirement to attend mandatory counseling. A substantive probation violation is more serious, and occurs when a person commits a new crime during their probationary period. While each type of probation violation has different consequences, penalties might include:
- Revocation of probation (and jail time instead);
- Fines and fees;
- Imposition of a new sentence;
- Extension of the length of probation;
- Requirement of educational classes or community service; and
Charged with a Probation Violation? Colorado Criminal Defense Attorney Miller Leonard, PC Can Help
If you have been accused of violating your probation, you will be asked to appear before a judge during a probation violation hearing. At this point, you will have an opportunity to defend yourself. Working with a skilled criminal defense attorney is a must – your attorney can build your defense and present your case to the court to secure the best outcome possible.
For a consultation with our criminal defense attorney at the law office of Miller Leonard, PC, please call us or send us a message directly.