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Arrests And Warrants In Colorado Probation Violation Cases
by Colorado Probation Violation Lawyer – H. Michael Steinberg
Arrests And Warrants In Colorado Probation Violation Cases
Arrests and Warrants in Colorado Probation Violation Cases are one of the most frightening aspect of the revocation procedure. This article addresses the Colorado law – the statute – that governs the procedures that must be followed during the process that precedes a probation violation revocation hearing.
Here is the law with my analysis in brackets:
§ 16-11-205. Arrest of probationer – revocation
[HMS – this first section lays out the grounds and the evidenciary standards that must be followed before an arrest for a probation violation can take place.](1) A probation officer may arrest any probationer when:
[HMS – this provision authorizes the probation officer him or herself to make the arrest based on a warrant usually requested by the PO themselves.](a) He has a warrant commanding that the probationer be arrested; or
[HMS – This is a provision that addresses the EXISTING WARRANT out of a jurisdiction in Colorado or from another state for ANY criminal offense or violation of the conditions of probation.](b) He has probable cause to believe that a warrant for the probationer’s arrest has been issued in this state or another state for any criminal offense or for violation of the conditions of probation; or
[HMS – This clause addresses the continuing crime situation – done in the presence of the probation officer or the officer has personal knowledge of the commission of crime](c) Any offense under the laws of this state has been or is being committed by the probationer in his presence; or
[HMS – This is the NEW CRIME (LINK) clause – it is self explanatory](d) He has probable cause to believe that a crime has been committed and the probationer has committed such crime; or
[HMS – A violation of one or more conditions of probation and probable cause to believe the probationer is about to flee the state or may not show up in court – or the probationer may harm himself or others](e) He has probable cause to believe that the conditions of probation have been violated and probable cause to believe that the probationer is leaving or about to leave the state, or that the probationer will fail or refuse to appear before the court to answer charges of violation of the conditions of probation, or that the arrest of the probationer is necessary to prevent physical harm to the probationer or another person or the commission of a crime; or
[HMS – Unauthorized use of drugs](f) The probationer, who is on probation as a result of a conviction of any felony except a class 1 felony, has been tested for the illegal or unauthorized use of a controlled substance and the result of such test is positive.
[HMS – Section (2) provides an alternative to arrest – the use of a written summons. The summons must contain the basis for the violation and the failure of the probationer to appear is considered another separate violation of probation.](2) If a probation officer has reason to believe that the conditions of probation have been violated by any probationer, he may issue a summons requiring the probationer to appear before the court at a specified time and place to answer charges of violation of the conditions of probation. The summons, unless accompanied by a copy of a complaint, shall contain a brief statement of the violation and the date and place thereof. Failure of the probationer to appear before the court as required by the summons shall be deemed a violation of the conditions of probation.
[HMS – Section 3 addresses a warrantless arrest based upon probable cause – and the rights that attach upon arrest. The same rights apply while the person is in custody as exist if there was no conviction – among them – the right to be brought before a judge “without unnecessary delay.”](3) If, rather than issuing a summons, a probation officer makes an arrest, without warrant, of a probationer, the probationer shall be taken without unnecessary delay before the nearest available judge of a court of record. Any probationer so arrested shall have all of the rights afforded by the provisions of this code to persons incarcerated before trial of criminal charges and may be admitted to bail pending probation revocation hearing.
[HMS – Section 4 gives the probation officer no more than 7 days after an arrest – (or within a “reasonable time” if the PO proceeds by summons) to complete their investigation and make a decision as to whether they want to pursue the probation violation.]
(4) Within seven days after the arrest of any probationer as provided in this section, or within a reasonable time after the issuance of a summons under this section, the probation officer shall complete his or her investigation and either:
(a) File a complaint in the court having jurisdiction of the violation of probation; or
(b) Order the release of the probationer, if imprisoned, and notify the probationer that he is relieved of obligation to appear before the court. In such event, the probation officer shall give written notification to the court of his action.
[HMS Section 5 lays out what must be contained in the complaint or motion to revoke probation](5) A complaint alleging the violation of a condition of probation may be filed either by the probation officer pursuant to subsection (4) of this section or by the district attorney. Such complaint shall contain the name of the probationer, shall identify the violation charged and the condition of probation alleged to have been violated, including the date and approximate location thereof, and shall be signed by the probation officer or the district attorney. A copy thereof shall be given to the probationer a reasonable length of time before he appears before the court.
[HMS – Finally – Section 6 authorizes all state judges to issue probation violation warrants and all probation or peace officer to make the arrest](6) A warrant for the arrest of any probationer for violation of the conditions of probation may be issued by any judge of a court of record upon the report of a probation officer or upon the verified complaint of any person, establishing to the satisfaction of the judge probable cause to believe that a condition of probation has been violated and that the arrest of the probationer is reasonably necessary. The warrant may be executed by any probation officer or by a peace officer authorized to execute warrants in the county in which the probationer is found.
C.R.S § 16-11-205
Arrests And Warrants In Colorado Probation Violation Cases
We know how difficult it is to make decisions in the context of a probation violation matter, We are here to help you, not judge you. Call us any time at 303-627-7777 Business Hours or 720-220-2277After Hours.
Contact A Denver, Colorado Probation Violation Lawyer Now
If you have been charged with a new probation violation – you will need an attorney who will explain the potential consequences, identify defense strategies, and aggressively protect your rights in court if necessary. To talk to H. Michael – about Arrests And Warrants In Colorado Probation Violation Cases – call 303-627-7777 Business Hours or 720-220-2277 After Hours or contact us by e-mail or using the form on this page.
Other Articles of Interest:
- In Colorado What Exactly IS Unsupervised Probation?
- A Handbook On Information Success On Probation – How To Avoid A Probation Violation In Colorado
- Colorado’s Probation Violation Hearing Law – Analysis
- Are There Any Time Limits On Colorado Probation Violations?
- Understanding Probation In Colorado – The Concept Behind Probation – How It Works
