Probation is a sentencing option in most cases, where the person remains in society but is monitored by the State of Colorado and Weld County through a probation officer. When a person is sentenced to probation, they sign a contract acknowledging all the terms and conditions of their supervision. This will often include substance abuse monitoring, signing up for and participating in treatment, regularly meeting with the probation officer and completing community service hours. When a person is accused of not complying with all the terms and conditions of probation, then a probation revocation is filed. The probation officer and DA file a document with the Court stating any and all violations of the probation. The person is then required to appear back at court for the probation revocation proceedings.
Windsor Probation Revocation Lawyer: What is a Probation Revocation Hearing in Weld County?
In Windsor and across Weld County, the Colorado law regarding Revocation Hearing – C.R.S. 16-11-206 – is:
(2) At or prior to the commencement of the hearing, the court shall advise the probationer of the charges against him and the possible penalties therefor and shall require the probationer to plead guilty or not guilty.
(3) At the hearing, the prosecution has the burden of establishing by a preponderance of the evidence the violation of a condition of probation; except that the commission of a criminal offense must be established beyond a reasonable doubt unless the probationer has been convicted thereof in a criminal proceeding. When, in a revocation hearing, the alleged violation of a condition is the probationer’s failure to pay court-ordered compensation to appointed counsel, probation fees, court costs, restitution, or reparations, evidence of the failure to pay shall constitute prima facie evidence of a violation. The court may, when it appears that the alleged violation of conditions of probation consists of an offense with which the probationer is charged in a criminal proceeding then pending, continue the probation revocation hearing until the termination of the criminal proceeding. Any evidence having probative value shall be received regardless of its admissibility under the exclusionary rules of evidence if the defendant is accorded a fair opportunity to rebut hearsay evidence.
(4) If the probationer is in custody, the hearing shall be held within fourteen days after the filing of the complaint, unless delay or continuance is granted by the court at the instance or request of the probationer or for other good cause found by the court justifying further delay.
(5) If the court determines that a violation of a condition of probation has been committed, it shall, within seven days after the said hearing, either revoke or continue the probation. If probation is revoked, the court may then impose any sentence or grant any probation pursuant to the provisions of this part 2 which might originally have been imposed or granted.
Is a Hearing Necessary for My Probation Revocation in Morgan County?
In Morgan and Logan County, you are absolutely entitled to a hearing on your probation revocation. However, that is not always the best course of action. Usually, the violations listed in the probation revocation are easy to prove. A missed UA is a missed UA. A hot UA is a hot UA. Not showing up for treatment is a violation. You may have good reasons for the absences, but they exist. And the fact that they exist is enough to get your probation revoked. Sometimes, the better course of action is getting a criminal defense attorney involved to negotiate with the DA so that you don’t have to be revoked and re-sentenced. A deal can be worked out where you may have to do some extra community service or a short stint in jail, but it’s a better outcome than going in front of the judge for re-sentencing after being revoked.
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.
Image by Iqbal Nuril Anwar from Pixabay