Being sentenced to probation may seem like a slap on the wrist or a blessing in disguise, but it comes with certain conditions and terms by which you must abide. Probation violations in Colorado caused by violating probation terms can result in an extension of your probation period, a heavy fine, or jail time.
Various actions can result in a probation violation. These may include:
Failing to report to your probation officer at your scheduled place and time
Failure or refusal to pay court-ordered restitution or fines
Failure or refusal to honor a scheduled court appearance
Getting arrested for another crime or committing another crime
Traveling out of the state or visiting certain people or places without notifying your probation officer
Possessing, selling or using drugs
When an offender in Colorado violates the terms and conditions of their probation, the probation officer files a Violation of Probation, or VOP, with the court. The offender is entitled to a VOP hearing before the judge who originally sentenced them to probation. The hearing is done without a jury. The purpose of the hearing is to determine if the offender actually committed a probation violation. If the judge determines that offender’s actions constitutes a violation, and is found guilty of violating the terms of his probation. The offender is then sentenced according to the nature of the crime for which they were originally convicted.
Hire an Experienced Colorado Criminal Defense Attorney
Having a Colorado criminal defense attorney present is beneficial if you are charged with violating your probation. An experienced Colorado criminal defense attorney may able to convince the judge to delay sentencing under the condition that you are monitored to ensure adherence to the terms of your probation. If you satisfactorily fulfill the requirements of the probation, the judge will most likely put you back on probation. If you have subsequent violations, your probation may be discontinued and the judge may impose a jail sentence. Minor probation violations, such as failure to notify a probation officer of an address change, may be forgiven if your criminal defense attorney can convince the judge to give you another opportunity.
Based in Castle Rock, Colorado, Kevin Ellmann and Tina Ellmann, Attorneys at Law serve clients in Douglas County, Elbert County, Arapahoe County, Denver County, Adams County, Lincoln County, and Jefferson County.
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