Denver Probation Violation Lawyer
Probation Violations in Colorado Can Result in Severe Consequences
In some ways, a term of probation is a blessing. When a person is placed on probation in Colorado, they are often spared from imprisonment and given a chance to lead a relatively normal life—as long as they agree to follow certain probationary terms. These conditions range from not committing any new crimes to attending regular meetings with a probation officer, and can often seem very restrictive.
But the consequences of failing to meet to conditions of your probation might be even more restrictive. If you violate your probation, you could face lengthy imprisonment, as well as hefty fines, community service, and rehab.
Did You Violate Your Probation?
If you have been charged with probation violation, you are in a difficult position—even if you didn’t intend to violate the conditions or you feel it was not your fault. To avoid imprisonment and other serious consequences, your best course of action is to hire an experienced Denver probation violation defense attorney who is intimately familiar with criminal defense law and probation statutes in Colorado.
For over a decade defense attorney Kevin Cahill has worked to defend the rights of individuals charged with violating their probation. Pulling from his years of experience and expert understanding of criminal law, Mr. Cahill can help you craft a strong defense to ensure the most merciful and beneficial outcome from your probation violation case.
What is Considered a Violation of Probation in Colorado?
First and foremost, Colorado citizens on probation must typically agree to not break the law while they are under probation. If they are found breaking the law in any way while under probationary observation, they can be charged with probation violation and land themselves in jail. Violations can come in many forms, depending on what the court has assigned to your unique case.
Here are some examples of common violations:
- Missing probation officer meetings. Probation terms may require that you are monitored by an assigned probation officer and check in with him or her at regularly scheduled intervals. If you miss a scheduled meeting with your officer—whether because you forgot, you were stuck in traffic, or you had to work—he or she might file a probation violation complaint.
- Missing a court appearance. Failure to show up in court for a scheduled appearance may be treated as a violation of probation, regardless of your reasons.
- Neglecting to pay fines or restitution. Sometimes, probation terms will require you to pay restitution to the victims of the crime. In other cases, you may be ordered to pay a fine to the court itself. If you neglect to do so, you can be charged with violating the terms of your probation.
- Failing a drug test. If your original crime involved drugs, your probation terms might require that you abstain from drugs entirely and submit to routine drug tests. If a test comes up positive, your probation can be revoked. The vast majority of probation violations are based on failed drug tests.
- Visiting certain people or places. It’s not uncommon for probationary conditions to require you to remain in a certain area or state. If you travel outside this area, you can be charged with probation violation. You also might be barred from associating with certain people—such as former fellow gang members—and can have your probation revoked if you are found in their company.
What Will Happen if I’m Found in Violation of My Probation?
When you violate probation, your probation officer can either let you off with a warning or require you to go to court. When deciding between the two consequences, an officer may take into account the severity and type of violation and past warnings. If he or she does decide to ask you to appear in court, your probation officer will recommend a penalty—oftentimes, this includes imprisonment.
In court, a prosecuting attorney will try to prove you have violated your probation based on a preponderance of the evidence. Unlike regular trials, which require proof of guilt beyond reasonable doubt, a probation officer only has to prove that it was likely you violated your probation. That means if the judge thinks you probably did what the probation officer claims you did, he will find you guilty. In the end, it’s the judge who will make the final call—in probation trials, you don’t have a right to a jury.
When you are accused of violating the terms of your probation, you should seek legal counsel with an attorney experienced with cases involving a violation of probation in the state of Colorado. Our legal team can assist you in handling the alleged probation violation in a way that ensures the best possible outcome for you.
A skilled probation violation attorney may be able to prevent your probation officer from filing a complaint by convincing them to grant you a second chance. In court, an attorney can present the judge with reasons you might not have been able to follow your probation conditions and fight for leniency in resentencing.
Potential Probation Violation Consequences
Without a strong defense, a judge may determine that you violated your parole and penalize you harshly.
Potential consequences for probation violation include:
- More probation. A judge might decide to add time to your original probation sentence. For instance, he might up the length of your probation from six months to a full year.
- Jail time. A judge might order you to spend a brief time in jail before resuming your probation. He or she might also cancel your probation entirely and require you to serve out the remaining time of your sentence in jail.
- Fines. A judge could require you to pay hefty fines or restitution to victims for breaking your probationary terms.
- Rehabilitation. A judge might also order you to attend counseling or enroll in a rehabilitation program designed to correct behavior.
To avoid jail time, fines, and other grave consequences, it’s essential to have an expert attorney on your side. Denver criminal defense attorney Kevin Cahill has successfully handled many probation violation cases and has the training and experience needed to negotiate these types of situations with confidence and skill.
Kevin Cahill, Aggressive Probation Violation Defense Lawyer
If you are facing probation violation charges, you may only have a short period of time to get in touch with a lawyer so they can argue your case successfully. It takes substantial time and energy to research the history and nuances of your unique situation, and this information is necessary to determine the best strategy for tackling your case. Call our Denver probation violation lawyer today to schedule a free case review.
Don’t make the mistake of thinking you’ll get off easy— even a small violation could land you in jail. Get in touch with an experienced criminal defense attorney who will work tirelessly to defend your rights and protect your freedom.
Kevin Cahill specializes in criminal defense and knows how to navigate the legal processes surrounding probation violations. He will be your most powerful ally while you are challenging a probation violation allegation.
If you’re facing probation violation charges, now is the time to act. Don’t sacrifice the quality of your defense by waiting—call the Law Office of Kevin Cahill at (720) 548-2990 today to start building a defense that can safeguard you from prison and other harsh penalties.