Probation Violation Attorney and Probation Revocation in Colorado Courts
Terms and Conditions of probation set forth by a Colorado court judge as a result of a conviction of a criminal charge in municipal, county or district court cannot be violated without risking probation revocation.
Philip M. Smith • Attorney • Denver, Colorado
Probation in Colorado Criminal Court
Free Consultations • Call (303) 333-8900 • Email
If the terms and conditions of probation are not adhered to, a Probation Officer has the duty to investigate. A Probation Officer or District Attorney may file a complaint to issue an arrest warrant or summons advising the probationer of the alleged violation when:
- There is probable cause to believe the person is under arrest for a criminal offense or violation of the conditions of probation in Colorado or another state
- The person has committed a criminal offense
- The person is leaving or about to leave the state or will fail to appear before the court to answer charges
- To prevent the person from harming self, another or committing another crime
- A drug test is returned positive for illegal or controlled drugs, commonly referred to as a Hot UA or Dirty UA
If a Probation Officer arrests a probationer without a warrant they will be incarcerated, go before a judge at the next available date and remain in custody pending bail terms and a probation revocation hearing. Many defendants find themselves arrested, booked and in jail when they report for an appointment with their probation officer if they have violated the probation terms.
Philip M. Smith has over 35 years of legal experience
as a judge, district attorney, and a private attorney
practicing in all areas of criminal defense law.
What is a Probation Violation?
A probation violation is when a defendant, also referred to as a probationer, fails to meet the requirements set forth by their probation officer.
Top 5 ways to violate Probation:
- Fail to meet or contact your PO
- Miss or have Hot or Dirty UA’s
- Possess alcohol, drugs or weapons
- Fail to attend classes
- Commit another crime
What is a Probation Revocation Hearing?
If you have been arrested or summoned for violation you will be given a date for a court appearance to be advised of the violation and penalties. You will have the opportunity to plead guilty or not guilty at that time. You do not have a right to a jury trial at a revo hearing.
A municipal, county or district court judge has up to five days after notification by probation to determine if a violation exists. At that time the probation will either be reinstated or revoked. If you are in custody, this hearing will be set within 15 days following the filing of the complaint. The court may grant a continuance to retain counsel or for good cause.
Questions?
Call my office today for a free confidential consultation
Attorney Philip M. Smith
303-333-8900
At the Revocation Hearing the prosecuting attorney must prove by preponderance of the evidence or reasonable doubt that you have violated your probation. Only one violation may be sufficient for the judge to rule. The judge takes recommendations from the Probation Officer and the Prosecutor and makes a ruling on the evidence. The judge can sentence you to penalties as severe as the original charge/conviction carry or reinstate the probation. If there are criminal charges the probation revocation hearing may be continued until the criminal case is completed.
Failure to Appear to a revocation hearing will automatically result in probation violation revocation and a warrant will be issued for your arrest.
How I Can Help YOU
I have been practicing law for over 35 years. I have been a district attorney and a judge. I know what happens during probation violation and revocation hearings. My goal is to minimize the damage. I look at all of the evidence against you and build a strategy to restore your probation and avoid the serious consequences.
We will explore the possibility of getting into drug rehabilitation or alcohol treatment is appropriate. Not only will it be helpful for you but it will also help persuade the court you are serious about complying with the probation department’s conditions.
I analyze my client’s situation and create an individualized defense strategy to achieve the most favorable disposition in the case. I negotiate with the prosecutor to gain the best possible resolution to your possible revocation. If you have received a deferred judgment with probation you risk losing the deferred judgment. I will pursue every avenue to preserve that judgement.
Contact My Denver Law Office
If you need a criminal defense lawyer for your probation violation or revocation hearing, or if you have questions about criminal charges, I encourage you to contact me, Philip M. Smith, Denver Criminal Defense Lawyer, 303-333-8900 today for a free and confidential initial consultation.
