In Greeley and Weld County, if you violate your terms of Probation, you could face a Probation Revocation hearing. Below, the criminal defense attorneys at the O’Malley Law Office discuss what happens when your Probation is Revoked and why it is important to hire an experienced Probation attorney. If you are facing Probation Revocation in Fort Collins or Larimer County get help here.
Definition of Probation in Colorado Courts
In Colorado, Probation is simply an alternative sentencing option, where instead of serving time in the Weld County Jail or prison, a person can be placed on Probation. As long as the defendant follows the terms and conditions of their Probation, they will not have to serve time. These terms of Probation depend on several factors, including the type of crime, the criminal history of the defendant, the victim of the crime and the financial impact the crime has had.
When Terms of Probation are Violated in Weld County What Happens?
When the terms of Probation are Violated in Weld County, it can result in a Petition to Revoke Probation, and a related Probation Revocation Hearing. The first person to know about a Violation of Probation is a Probation Officer, when they find out a violation has happened. They can choose to do a few different things. If the violation of the terms is not severe, they can choose to talk to the person about doing better. The Probation Officer could also file a Petition to Revoke Probation (which lists the specific violations), and ask the judge to set the matter for a Probation Revocation Hearing. With the filing of a Petition, they either arrest the individual on probation, or serve them with a summons to come to court. If a Probation Officer likes you and feels you are really trying, they’ll more likely give you a summons. If they don’t like you or if the violation is severe such as the commission of a new crime, they’ll usually arrest you.
What Happens at a Probation Revocation Hearing in Greeley, Colorado?
If a Parole Officer decides to report the violation, the Probation officer will file a “Motion to Revoke Probation” or a Petition to Revoke Probation. This simply means that a hearing will be scheduled. At the hearing, the prosecution will present evidence and the defendant will have an opportunity to respond. This can include witnesses and is a lot like a small trial. After the judge hears both sides, there are three possible outcomes. First, the judge can rule that the prosecution did not prove their side and defendant will remain on Probation. The second option is that the judge finds that there was a violation of Probation, and agrees to revoke and reinstate Probation. Finally, a judge can rule that there was a violation, revoke Probation and then resentence the defendant to the Weld County Jail, Community Corrections or the Department of Corrections.
Top Weld County Probation Attorneys Can Help You
Are you facing a Probation Revocation in Weld County? It is important to have attorneys who understand Probation and Probation Revocation Hearings. the defense lawyers at the O’Malley Law Office have over 30 years of experience in Probation law and can help you. We can help show that the prosecution did not prove the violation or help negotiate with the prosecution for a reinstatement of your Probation. Let our skilled lawyers fight for you.