A complaint to revoke probation is filed when a person is accused of violating their terms and conditions they signed when starting probation. This is known as a probation revocation in Greeley and Weld County. Probation is a sentencing option that allows someone to remain in the community while serving their sentence. Upon being sentenced to probation, the person must sign a list of terms and conditions they must follow while on probation. Along with that, there are requirements set forth by the court (usually agreed upon ahead of time in the plea) like community service hours, classes / treatment, etc. Not following a rule or completing a requirement can land you in hot water – and result in a probation revocation.
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Probation Revocation in Milliken: Why Am I Being Revoked?
There are many reasons why a complaint to revoke probation may be filed in the Weld County Court case. Here are a few examples:
- You get ticketed for, arrested, or charged with a new crime (a condition of EVERY probation sentence is to remain law abiding);
- You have missed, dilute or hot UAs;
- You have missed scheduled meetings with your probation officer;
- You have not attended your required treatment, therapy, or classes;
- You have not completed your community service hours.
These are just a few of the reasons that someone can have their probation revoked. Generally, one tiny misstep, like 1 missed UA, will not trigger a revocation. But repeated missed UAs would.
Possible Outcomes for My Evans or Erie Probation Revocation
Getting an experienced Erie or Evans criminal defense attorney involved in your probation revocation is imperative to making sure you get the best possible outcome. Here are a few ways a complaint to revoke probation can be handled:
- Revoke and reinstate – your probation is revoked and then reinstated, basically starting you over from the beginning with no other punitive measures added
- Revoke and reinstate with new punitive stipulations – your probation is started over and you must do something additional like serve a little jail time or do more community service
- Allow time to fix the issue and then have the complaint withdrawn – sometimes Das are willing to give a little grace and will allow you to fix whatever the issue is and get in compliance. Once this happens and the DA is satisfied, the complaint will be withdrawn and you will continue on probation as normal.
- Lose the deferred and have the case enter as a permanent conviction – you lose the ability to have your case dismissed after successfully completing the requirements and you end up with a permanent conviction
- Lose at hearing and the sentencing is open to the court – you take the matter to hearing in front of the judge and the judge finds you have violated probation and can resentence you.
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 for a free initial consultation. Together, we can protect your future.
Photo by KATRIN BOLOVTSOVA