When a person is convicted of a crime in Greeley and Weld County, probation is seen as a favorable outcome for sentencing. A sentence to probation means that there will be requirements you must complete, like community service, classes, and meetings, but it means you avoids a longer sentence to the Weld County Jail or Colorado Department of Corrections. If you are not completing those requirements on probation, then you can face a revocation. Let’s look at some frequently asked questions related to Probation Revocation matters in Colorado.
How Much Jail Time for a Probation Violation in Colorado?
There is no set amount of jail someone must serve on a probation revocation. Jail can be used as a punitive sanction, meaning you may get a short jail sentence as a punishment and then you get out and continue your probation sentence. You may get completely resentenced on the original plea, where you are eligible to go to jail or prison for the presumptive range depending on the level of misdemeanor or felony that you pled to.
Do You Always Get Jail for a Probation Violation in Greeley?
No, there have been many times where we handle a probation revocation where we get a person’s probation reinstated. There may be some additional community service or maybe you have to start the probation term over again, but staying out in the community is an option even if you are facing a probation revocation or violation.
What Happens at a Hearing for a Revocation of Probation in Weld County?
At a Probation Revocation hearing in Weld County Court, the Court will hear evidence on any and all of the violations that probation alleges you have committed. These are often VERY easy to prove. It may be that you missed two UAs, or you didn’t check in with your probation officer, or you picked up a new criminal case. Generally, probation violations are easy for the probation department to prove – and they only have to prove one thing you did wrong. Probation is noting every single interaction and issue and even if it seems like not a big deal at the time, they will be thrown back in your face if enough of them add up. This is why we often try to work out a deal with the DA so no hearing is necessary. If a judge finds that there is evidence of a violation, then the judge can resentence you – leaving you vulnerable to jail or prison time.
If you or someone you love is facing a probation revocation, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
Photo by Ron Lach