Defending A Colorado Probation Violation Charge
Probation is a second chance and should not be squandered because that may be the only chance you get. Violating the conditions of your probation can have a significant life changing impact including spending a long time behind bars, depending on your original conviction and the violation.
Your best bet is to follow the conditions set forth in your probation. Meet regularly with your probation officer, stay away from drugs and alcohol, stay away from the friends who got you into trouble in the first place, complete any community service, get a job and comply with any other conditions of your probation.
Click HERE for a great page with Colorado probation Frequently Asked Questions.
If you do happen to stray, you may be given yet another chance and let off with a warning for minor or first time violations. But that is completely dependent on your probation officer and what conditions you violated. Your probation officer may choose to report you and file a probation violation complaint which means you will face a judge at a probation violation hearing. The complaint also includes the probation officer’s description of the violation, your performance to-date, and a recommendation about punishment which is sent to the district attorney’s office. The DA is not bound by the recommendation, but often follows it void of any other intervention or information. This is where having an attorney like James Newby representing you can make a huge difference in the outcome.
The purpose of the probation violation hearing is for a judge to determine if a violation has occurred and the appropriate punishment. It can mean extending the duration of your existing probation, jail time, paying a fine and even revocation of your probation and serving the jail time you had avoided. Plus, you can also face additional charges if you committed another crime while violating your probation.
Colorado law stipulates that probationers (you) have the right to an attorney. It is very important to have an experienced Colorado probation violation defense attorney such as James Newby on your side. Probation officers handle dozens of cases at one time, they may not get it right or may not care. It is possible that there was a misunderstanding, in which case your attorney may be able to step in and avoid having a complaint filed.
If a complaint is filed, your attorney can help determine if you are better off admitting to the misstep and pleading with the court for mercy at the advisement hearing. Or, if you want to proceed to the full evidentiary hearing to argue your case.
When a case moves to the evidentiary hearing, there is no jury. A judge has the only and final say in the case. This is where you need a strong and effective defense. It can be very intimidating in a court room making it difficult to explain yourself which can lead to more misunderstanding. A judge can only rule based on what he or she hears. Your lawyer may be able to compel the DA and judge to make a decision that is more favorable to you than if you represented yourself.
Probation violations are serious. You need a strong defense and advocate in your corner. James Newby is an experienced Colorado Springs defense attorney who can help! Call today and give yourself the best chance.