Colorado Springs Probation Violation Lawyer
Colorado Springs Probation Violation Defense
On This Page
- Accused of Violating Probation in Colorado Springs?
- Types of Probation Violations
- How Probation Supervision Works
- How a Violation Case Starts
- The Revocation Hearing
- Possible Outcomes
- Violations of Deferred Judgments
- Special Situations
- Early Termination of Probation
- How Probation Violations Are Defended
- Avoiding a Violation
- Working With a Colorado Springs Probation Violation Lawyer
- Frequently Asked Questions
- Sources
Accused of Violating Probation in Colorado Springs?
Probation is meant to give a person a chance to stay in the community instead of serving a jail or prison sentence. When a probation officer files a complaint alleging a violation, that chance is at risk. The court can revoke probation and impose any sentence that was available on the original charge, including jail or prison.
Probation violations happen for many reasons: a missed appointment, a positive drug test, unpaid fees, a new arrest, or difficulty completing classes while working and caring for family. Many violations can be resolved without revocation, especially when they are addressed quickly and with a plan.
This page explains the types of probation violations, how revocation hearings work, the possible outcomes, and how probation violation cases are handled in El Paso County and the surrounding counties.
What to Do Right Now
- Find out whether there is a warrant. Many violation complaints come with an arrest warrant. See our page on warrants.
- Do not ignore your probation officer, but do not discuss the alleged violation in detail before getting advice.
- Gather proof of compliance, such as class attendance records, treatment records, pay stubs, and payment receipts.
- Keep complying with every other condition while the violation is pending.
Types of Probation Violations
Technical Violations
A technical violation is a failure to follow a condition of probation that is not itself a new crime. Common examples include:
- missing appointments with the probation officer;
- a positive or missed drug or alcohol test;
- failing to complete classes, treatment, or community service on time;
- failing to pay fines, costs, or restitution;
- leaving the state without permission; and
- contact with a person the court ordered you not to contact.
New Criminal Offenses
An arrest or charge for a new crime while on probation is the most serious type of violation. It leads to two cases: the new criminal case and the probation revocation. The two are often resolved together.
How Probation Supervision Works
In El Paso County, adult probation for state cases is supervised by the 4th Judicial District Probation Department. The level of supervision depends on the offense, a risk assessment, and the person's progress. Some people report rarely, while others meet frequently, submit to regular testing, and attend required treatment.
Common probation conditions include:
- reporting to a probation officer as directed;
- not committing any new offense;
- drug and alcohol testing and abstinence;
- completing evaluations, classes, or treatment;
- paying fines, costs, supervision fees, and restitution;
- maintaining employment or school;
- not leaving the state without permission; and
- obeying protection orders and no-contact provisions.
Probation officers have discretion in how they respond to problems. Many minor issues are handled with a warning, a change in conditions, or additional treatment, rather than a court filing. Communicating early and honestly with the probation officer, with guidance from a lawyer, often prevents a complaint.
How a Violation Case Starts
When a probation officer believes a violation occurred, the officer can file a complaint with the court, often asking for a warrant or a summons. The officer may also address minor issues informally, through additional conditions or increased supervision, without filing a complaint.
If you are arrested on a probation violation warrant, the court will set bond or hold you until a hearing. A lawyer can ask the court to set a reasonable bond so you can continue working and complying with treatment while the case is pending.
The Revocation Hearing
Probation revocation hearings are governed by C.R.S. 16-11-206. Key rules include:
- Advisement and plea. At the first appearance, the court advises you of the alleged violations and possible penalties and takes an admission or denial.
- Timing. If you are in custody, the hearing generally must be held within 14 days after the complaint is filed, unless you request a delay or the court finds good cause.
- Burden of proof. The prosecution must prove a violation by a preponderance of the evidence. When the alleged violation is a new criminal offense, the prosecution must prove it beyond a reasonable doubt unless you have already been convicted of it.
- No jury. A judge decides the case. There is no jury trial in a revocation hearing.
- Evidence. The rules of evidence are relaxed. Hearsay can be admitted if you have a fair opportunity to rebut it.
- Nonpayment. For failure to pay fees, costs, or restitution, proof of nonpayment is prima facie evidence of a violation, but the court must consider whether the failure was willful.
- Waiting for the new case. The court may postpone the revocation hearing until a pending criminal case based on the same conduct is resolved.
Possible Outcomes
If the court finds a violation, it must decide within seven days whether to revoke or continue probation. The options include:
- Continuing probation on the same terms, often with a warning.
- Modifying probation with additional conditions, such as more treatment, more frequent testing, community service, or an extended term.
- Short jail term as a condition of continued probation.
- Revoking probation and imposing any sentence that could have been imposed originally, including a new probation sentence, jail, community corrections, or prison.
The outcome depends heavily on the nature of the violation, the person's overall progress, and the plan presented to the court. A person who has been working, attending treatment, and paying restitution is in a much better position than one who has stopped reporting altogether.
Violations of Deferred Judgments
A deferred judgment works much like probation, but the stakes are different. Under C.R.S. 18-1.3-102, if a person violates the conditions of a deferred judgment, the court can revoke it and enter the conviction based on the guilty plea that was already entered. The person then faces sentencing on the original charge.
Because a deferred judgment is one of the most favorable outcomes in a criminal case, protecting it is a priority. Many deferred judgment violations can be resolved by extending the term or adding conditions rather than revoking it.
Special Situations
DUI Probation
DUI probation often includes alcohol monitoring, treatment, and no-drinking conditions. Violations involving alcohol are common and can lead to jail as a condition of continued probation. See our DUI page.
Domestic Violence Probation
Domestic violence probation usually includes treatment and a protection order. Contact with the protected person can be both a probation violation and a new criminal charge for violating the protection order.
Out-of-State Moves
Moving out of Colorado while on probation requires approval, usually through the Interstate Compact. Leaving without approval is a violation and can lead to a warrant.
Military Transfers
Service members who receive orders while on probation should notify their probation officer and their lawyer as early as possible. Courts and probation departments can often accommodate transfers if they are addressed in advance.
Municipal Court Probation
Colorado Springs Municipal Court has its own probation department and can impose probation for up to one year. Violations are handled in municipal court. See our municipal court page.
Early Termination of Probation
Compliance can also work in a person's favor. In many cases, a person who has completed treatment, paid restitution, and followed every condition can ask the court to end probation early. A strong record of compliance, along with support from the probation officer, makes early termination more likely.
Early termination can restore freedom to travel, reduce fees, and in some cases shorten the waiting period before a record can be sealed, because sealing waiting periods often run from the end of supervision.
How Probation Violations Are Defended
No lawyer can promise a particular result, but these are the approaches that come up most often.
Disputing the Violation
The probation officer's records may be wrong. Appointments may have been rescheduled, test results may be unreliable, and payments may not have been credited. Documentation can disprove an alleged violation.
Challenging the New Charge
When the violation is based on a new offense, the prosecution must prove it beyond a reasonable doubt unless there is a conviction. Defending the new case often decides the violation.
Showing the Violation Was Not Willful
Inability to pay, lack of transportation, medical problems, or conflicts with work are relevant, particularly for missed payments and appointments.
Presenting a Plan
Courts respond to evidence of progress and a realistic plan: proof of employment, enrollment in treatment, sober support, and a payment schedule. A strong plan can lead to continued probation instead of revocation.
Negotiating a Resolution
Many violation cases are resolved by agreement, such as admitting a technical violation in exchange for continued probation with added conditions, or resolving a new case and the violation together.
Avoiding a Violation
- Keep a calendar of every appointment, test, class, and payment due date.
- Keep copies of certificates, receipts, and attendance records.
- Tell your probation officer in advance about problems, such as a job change, a scheduling conflict, or difficulty paying.
- Ask your lawyer to request a modification if a condition becomes impossible to meet.
- Avoid people and places that create risk, especially when there are no-contact or no-alcohol conditions.
Working With a Colorado Springs Probation Violation Lawyer
Attorney Michael W. Moran has been licensed to practice law in Colorado since 1995 and is a former municipal court judge. He represents people facing probation violations and deferred judgment revocations in municipal, county, and district courts in El Paso, Teller, Pueblo, and Fremont counties.
A first meeting covers the alleged violation, any warrant, your progress on probation, and the plan most likely to keep you in the community.
Criminal Defense Colorado Springs, P.C. offers free, confidential consultations.
Frequently Asked Questions
What happens if you violate probation in Colorado?
Your probation officer can file a complaint, and the court holds a hearing. If a violation is proven, the court can continue probation, add conditions, or revoke probation and impose any sentence available on the original charge.
Will I go to jail for a probation violation?
Not necessarily. Many technical violations are resolved with added conditions or a short jail term as a condition of continued probation. New criminal offenses and repeated violations carry greater risk.
Do I get a jury trial for a probation violation?
No. A judge decides probation violations. The prosecution must prove the violation by a preponderance of the evidence, or beyond a reasonable doubt if the violation is a new crime that has not resulted in a conviction.
How soon is a probation violation hearing?
If you are in custody, the hearing generally must be held within 14 days after the complaint is filed, unless you ask for more time or the court finds good cause.
Can a probation violation be dismissed?
Yes. Complaints can be withdrawn or dismissed when the violation cannot be proven, when it was resolved, or as part of a negotiated agreement.
What if I cannot afford to pay my fines or restitution?
Tell your probation officer and your lawyer. The court must consider whether nonpayment was willful, and payment plans or modifications are often available.
Can I travel out of state while on probation?
Only with permission. Probation officers commonly approve short trips for work or family with advance notice, while moving out of state requires an Interstate Compact transfer.
Sources
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