Probation Violation Attorney in Castle Rock, Colorado

If you have violated your probation or are thinking of violating your probation, it’s important to know what might happen next. It’s natural to feel frustrated or even completey overwhelmed in these kinds of situations. But no matter your specific circumstances, it’s important to reach out to a skilled criminal defense attorney right away.

Set up a time to meet with us at Law Office of Lori Crystal, LLC. Our criminal defense attorney Lori Jill Crystal has been defending clients for three decades and will use that considerable experience to guide you through the criminal justice system. Our team is proud to offer dedicated counsel and knowlegeable guidance to individuals in Castle Rock, Colorado, as well as Parker, Lone Tree, Highland Ranch, Larkspur, Castle Pines, Franktown, Elizabeth, Kiowa, and Centennial.  

Common Ways Probation Is Violated 

Probation, granted by a judge during sentencing, allows someone who has committed a serious crime to stay in the community and avoid incarceration under certain terms and conditions. A yearly study undertaken by the Colorado Judicial Branch stated that on June 30, 2021, 66,008 people in Colorado were on probation.  

Probation can be violated in a number of ways. “Technical” violations occur when an offender violates the terms and conditions of their probation. Common technical violations include: 

• Failure to report to a meeting with your probation officer 

• Lying to a probation officer 

• Changing employment or losing employment 

• Failure to pay fines 

• Failure to attend community service 

• Failure to appear at a court date  

• Appearing late for a court date 

• Traveling outside the area of jurisdiction without permission 

• Moving or changing your address without permission 

• Visiting places that are prohibited in the conditions of your probation  

• Visiting prohibited people (such as witnesses) 

“Substantive” violations occur when an offender commits another crime while on probation.  

Consequences of Probation Violations 

Warning or Request To Appear in Court  

If you violate your probation for the first time, your probation officer might only give you a warning—but this is not a guarantee. Any probation violation can trigger a probation revocation hearing. The probation revocation hearing will be initiated by a probation officer in the case of a rule violation—or by a police officer in the case of a law violation—who will file a “motion to revoke” to the court. If the judge decides that there is probable cause to believe you violated your probation, you will be ordered to appear in court. If you do not voluntarily appear in court, you may be taken into custody without the possibility of parole for the remainder of the revocation process.  

Probation Revocation Hearing 

You and your attorney will be allowed to make your case to the judge at your revocation hearing by presenting evidence and cross-examining any witnesses for the prosecution. At this point, if you have committed a substantive violation, you may be able to waive your right to a revocation hearing in order to enter a plea bargain. 

Sentencing  

Depending on the seriousness of the violation, the judge will recommend either reinstating your probation (either with or without new conditions) or revoking your probation.  

Probation Reinstated Without Modifications 

If your probation is reinstated without modifications, there will still be a record of your violation. This may make it difficult to get your criminal record expunged going forward. It is important to speak to an attorney about your options in this case.  

Probation Reinstated With Modifications 

If your probation is reinstated with modifications, these modifications might include community service, mandatory counseling or classes, residential substance abuse disorder treatment, some form of electronic monitoring, payment of fines, or even jail time. Sometimes the probation period will also be extended. 

Probation Revoked  

If probation is revoked, the judge will hand down a sentence based on the original sentence that was sanctioned when probation was granted. 

Sometimes, a judge will not have actually imposed (or handed down) a sentence to you. If, for example, you committed a crime that carries a maximum sentence of 5 years in prison, but were placed on probation instead, the judge can sentence you to any amount of prison time up to the maximum 5 years. If the judge imposed but did not execute the sentence (that is, if the judge decided on the sentence but did not order it to be carried out and placed you on probation instead), the judge will have to hand down that original sentence. For example, if you were sentenced to 5 years in prison but granted 5 years of probation instead, revocation of probation will result in the judge giving you that original 5-year sentence.