When someone is accused of violating their Probation in Greeley, it is necessary to bring in an attorney, since a revocation of your Probation privileges can affect your constitutional freedoms. Recently, a reality star confessed to violating his Probation, to his probation officer. Originally, he was caught with a large quantity of weed, and was sentenced to 18 months of Probation. However, one of the terms of his Probation was that he was not supposed to leave the county without permission. Instead of staying in his residing county in Florida, he flew to New Jersey and New York to attend the MTV VMAs. He could now be facing up to 5 years in prison for this violation, depending on how nice the judge is feeling that day. If you have violated your Probation, or face Probation revocation, it is vital to hire an experienced criminal defense attorney who will fight for your freedoms.
What are Probation Violations in Weld County?
When sentenced to Probation in Weld County, there are various ways for someone to violate their probation. Largely, someone’s probation requirements depend on what their original crime was. A sex offense probation will require more strict and limiting rules than a drug offense probation will. Some of the common ways a person could violate their probation sentence is by:
- Leaving a set area (city, county, state, etc.) without permission from their Probation Officer – Don’t be like this reality star!
- Failing to pay their fines and costs
- Committing an additional criminal offense
- Failing drug tests
- Failing to go to scheduled probation officer appointments
- Having contact with prohibited individuals
- Potentially: those under 18, previous criminal associates, previous girl / boyfriends, victims, and anyone else listed in the terms of the probation
Of course, these examples are all subject to each individual’s rules and terms of Probation. Different crimes and different people are given different rules for their probation order. If someone was charged with Domestic Violence Assault, and they reach out to their ex, they would violate a protection order, which would be committing another crime. This would result in a motion to revoke their probation by their P.O. Or, if they were charged due to their habitual drug use, and they fail their drug tests, their probation officer could file a motion to revoke probation. The rules and limitations of probation are dependent on the individual person and their conviction. Call our office if you have any questions regarding the specifics of your probation order today.
How Can my Probation get Revoked in Berthoud?
Probation Revocation in Berthoud is a court hearing process, similar to a small trial. So, once the person has violated their probation, their assigned Probation Officer will file a Petition to Revoke or a Complaint to Revoke Probation. Then, a hearing in front of a judge will be set. This is where the defendant will be able to argue their innocence of the violation, why the terms of the probation weren’t met, and / or whether the defendant had any control over the situation. The government will call witnesses and present their other evidence.
Once the judge has heard out the defense and the District Attorney, he will decide what needs to happen next. The judge could: revoke the probation, resentence the accused to probation, or sentence the accused to time in the Weld County Jail, DOC, or community corrections.
Our attorneys know their way around probation cases. They are extremely familiar with combating accusations, clearing up misunderstandings, bringing the truth of the situation to light, and even scaling down the potential consequences for the violation.
If you or someone you love has been accused of violating their Probation, like that reality star, in Greeley or Weld County, be smart, and contact our experienced Probation defense attorneys from the O’Malley Law Office at 970-616-6009 today.
Together, we can protect your future.
Photo by Nils Nedel on Unsplash