Probation is a punishment by the court which requires an individual to follow certain terms and conditions. Oftentimes probation is ordered as a sentence in place of jail time, although it can also accompany other penalties such as fines or counseling.
Hiring a criminal defense attorney Colorado Springs for Probation Violations can help minimize penalties and can assure you of the best protection of your rights under the law.
There are several ways to monitor a person on probation and to determine whether or not they are complying with all of the conditions placed on them. Some of these methods include:
- Traditional Supervision – This is the most common form of supervision in which the probationer reports to a probation officer on a regular basis.
- Informal Supervision – Under this type of supervision the probationer may be subject to random drug testing and periodic visits, but there is no regular reporting to a probation officer.
- Home Detention – When placed on home detention, the probationer is restricted to their home and may only leave for pre-approved appointments and destinations.
- GPS Monitoring – This is a device that tracks the whereabouts of the person on probation. Often it comes in the form of an ankle monitor that is worn at all times, and is usually placed on someone who has a restricted probation, such as home detention.
- Unsupervised Probation – This is the least restricted form of probation and only stipulates that the probationer refrain from committing any unlawful acts while completing the terms of their probation.
Because there are many types of probation and many different terms that can be imposed, it is very easy for someone to violate the terms of their probation. Unfortunately, a violation can bring severe consequences such as hefty fines, extended probation period, or even jail time. When faced with a violation, many people find it beneficial to hire an experienced criminal defense attorney Colorado Springs. A good attorney helps them present a strong defense and can minimize the penalties imposed as a result of the probation violation.
Probation violations can be divided into two categories: substantive violations and technical violations. Substantive violations are new crimes that are committed while a person is in probation. Technical violations are when the terms or conditions of the probation are not followed. Examples include:
- Failure to attend a probation meeting
- Failure to pay a court fine or fee
- Failure to appear in court
- Failure to attend or complete a court mandated class or counseling
- Failure to submit to drug and alcohol tests
- Failure to complete ordered community service
- Violation of a restraining order
- Changing address without notifying the court or without the court’s permission
Many times a person may unknowingly violate one of these terms or there are extenuating circumstances which make meeting one of the terms impossible. In order to get the most favorable outcome when faced with this situation, it is essential to contact a probation attorney in Colorado Springs, sometimes called a criminal defense attorney Colorado Springs. Such an attorney will know the ins and outs of the probation laws for the county (in this case El Paso county and Teller counties in Colorado) and can often prevent the imposition of search warrants or jail time while the case is being resolved.
When faced with a probation violation it is important to remember that the accused will not face a jury trial. Additionally, a crime committed before the original offense could also lead to a violation because there is no statute of limitations with criminal offenses. Without an attorney, the accused will be forced to defend himself in what is often a tricky legal situation. For these reasons and for the best chance at getting a favorable outcome, it is always recommended to contact a competent criminal defense attorney Colorado Springs who is skilled in probation matters.
Call James Newby Law for a free evaluation of your case. His experience handling all levels of domestic violence charges will be invaluable to you as you go through the legal system.
