It seems everyone is playing the new Pokemon Go game. Adults and children alike are enjoying the mobile app where you search for Pokemon based on your location. While many a funny story has come from this game (I personally laugh every time I see the video where the guy falls into the water because he is so focused on the game), it seems for one man, a probation revocation is stemming from his game play. According to the news report, the man was seen outside a county courthouse playing the Pokemon Go game with a 16-year-old boy. The man was on sex offender probation and part of his terms and conditions was that he not have contact with anyone under the age of 18. A probation officer saw the man playing with the under aged boy, and now the man will face a judge on a revocation of his probation.
Weld County Probation Revocation Lawyer: What is a Probation Revocation?
There are many options a judge and district attorney have in Weld, Morgan, and Logan County when it comes to sentencing a defendant. One of those options is probation. Probation is a community based sentence, where the defendant is supervised by an officer and required to comply with all terms and conditions including any recommended treatment programs. When a probation client violates any of their terms and conditions, their probation may be revoked. This process begins with the probation officer discussing the revocation with the DA and probation officer then files a motion with the Court to revoke the defendant’s probation. This is also known as a Petition to Revoke Probation. Once this motion is filed, the Court will schedule a probation revocation hearing where the judge will decide how to proceed. A jury is not available to hear the motion or Petition.
Greeley Probation Violation Lawyer: What Happens at a Probation Revocation Hearing?
What happens at a probation revocation hearing depends on the situation surrounding the revocation. For example, if a person’s probation is revoked because he or she was charged with another crime, the revocation hearing may be set out until after the criminal matter is settled. This is to protect the probationer. If they were falsely accused of a crime while on probation, the courts allow time to get the charges dropped or a finding of innocence (acquittal) so the probation isn’t revoked prematurely. Of course, upon an acquittal, the motion or Petition to revoke will be withdrawn.
Are you facing a probation revocation? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Are you facing a probation revocation? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
If the revocation was not for a new criminal charge, but for a violation of the terms and conditions, like the man in the story above, then at the Weld or Washington County revocation hearing, the DA must provide evidence that the probationer violated a term or condition of their probation. If the judge finds that there was no violation, the probation is not revoked and continues on as before. If the judge finds that there was a violation, they have a few options. Even with a violation, the judge can revoke and reinstate, meaning the person would continue on probation, but would start the term over from the beginning. They can also revoke probation and sentence the defendant to confinement in the Weld County Jail or Colorado Department of Corrections depending on the sentencing range relating to the original crime. If you are facing a probation revocation, don’t leave your future to chance. You need an experienced criminal defense attorney to work on your behalf and get you the best possible outcome.
If you or someone you love is facing a probation revocation in Greeley, Erie or Evans, 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 today. Together, we can protect your future.
Image Credit: Pixabay – 2funki4wheelz