If you are being accused of Violating Probation in Weld County, it is important that you find an experienced criminal lawyer who can protect your rights. Recently, a Baca County judge violated of her own DUI Probation, when she was caught in Kansas driving under the influence. Her probation was originally for two years due to a DUI conviction and would have been erased if she has not Violated Probation. If you have been accused of a Probation Violation in Greeley or have violated your probation, you need a skilled criminal lawyer who can help navigate the court system and stay out of the Weld County Jail.
What is a Probation Violation in Greeley, Colorado?
To understand what a Probation Violation is in Greeley, Colorado, first, you need to know what probation is. Probation is an alternative sentence; probationers agree to complete various terms instead of going to jail or serving a reduced jail sentence. Violating Probation means that a person violates the requirements set by the court after conviction of a crime. The terms depend on the crime, and a drug offense will have less probation requirements than a sex offense. Some ways that probation can be violated are: leaving the area that was set in the terms, not showing up to your required appointments with a Probation Officer, failing alcohol / drug tests, failing to pay fines, contacting protected people or committing another crime. The judge in the story above committed another crime and therefore the judge violated her probation requirements. She of all people knew better.
In Weld County if I Violate Probation Will I Go to Jail?
In Weld County, if you Violate Probation, it does not necessarily mean that you will go to jail, but there is a good chance you will. Probation is seen as a privilege by many judges, and it is a great alternative to the Weld County Jail. However, it is important to realize that many judges only give you one chance on probation before they send you away. Our attorneys are skilled in knowing how to navigate Probation Violation hearings and they also know how to help clear up miscommunications and defend against accusations. A good criminal defense attorney will work hard to reduce possible consequences.
What Happens in Greeley, Colorado If Probation is Violated? Weld County Petition to Revoke Probation
If a Greeley, Colorado, Probation Officer has found someone is in Violation of their Probation, they will file a Weld County Petition to Revoke Probation or a Complaint to Revoke Probation. Once this happens, a hearing will be set. During this hearing, a judge will listen to the DA present arguments for why the defendant is guilty of violating their probation, and show any evidence the DA has to prove a violation occurred. The defense gets to speak next. After this hearing, the judge will decide if Probation was violated. If it is decided there was a violation, then the judge could: sentence the accused to time in the Weld County Jail or DOC, or he could re sentence the person to probation or permanently revoke the probation. In some rare cases, the judge will just unsuccessfully terminate probation and close the case without further punishment.
The judge in the above case had her probation revoked. If she was found or pleads guilty to the new violation she faces mandatory jail time in Kansas and likely jail here.
If you or someone you love has been accused of Violating their Probation 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.
Image by succo from Pixabay