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- Successfully Defending A Colorado Probation Violation Charge
- Are There Any Time Limits On Colorado Probation Violations?
- Can Illegally Obtained Evidence Be Used In Colorado Probation Violation Hearings Under 16-11-206?
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- The How & Why Of Colorado Probation Violations Are Prosecuted
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- Colorado Probation Violations – Trying To Beat The Urinalyses (UA) – A Losing Proposition In Most Cases
- Colorado Probation Revocations – Why Working With Your Probation Officer Makes Sense
- Colorado Probation Revocation Violations Based On Drug Use -The Hot UA Problem
- A Colorado Probation Violation Guide To Intelligently Defending Probation Violations
- Colorado Probation Violations – The “Revoke And Terminate” Probation Option
- Defending Colorado Probation Violation Cases Tactics – Strategies – Plans of Action
- A Handbook On Information Success On Probation – How To Avoid A Probation Violation In Colorado
- Understanding Probation Revocation Polcies In Colorado Probation Revocation Decision Making
- Protecting Yourself While On Colorado Probation – Some Tips
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- Arrests And Warrants In Colorado Probation Violation Cases – 16-11-205
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Colorado Technical Probation Violation Cases
By Colorado Criminal Defense Probation Violation Lawyer – H. Michael Steinberg
Colorado Probation Violation Cases can be the result of many different kinds of actions or inactions of those place on probation supervision – whether that supervision be supervised (with a probation officer) or unsupervised probation (also known as Bench Probation).
Colorado Technical Probation Violation Cases
FAQ’s about Under Colorado probation violation criminal law always include this – a violation of probation occurs when or if you fail to meet the terms of your probation:
There are two primary ways to violate a probationary sentence:
(1) you are charged with a new crime.
…Any new crime – except very minor traffic matters – are sufficient – if proven at trial – or a guilty plea has been entered as a result of a plea bargain.
or
(2) you are charged with a “Technical Violation.”
A “Technical Violation” is alleged against you when or if when you have not met the precise terms and conditions of your probation. Examples include missing a meeting or call in to your probation officer, the failure to pay restitution or to pay a scheduled fine, moving your residence without permission, failing a drug or alcohol test, or the failure to complete any other conditions set by the court.
Other Colorado Technical Probation Violations Examples Include:
Failure to enroll in or complete rehabilitation
Failure to perform useful public service (community service)
Failure to appear in court for a progress report
Failure to stay away from certain persons
Failure to see your probation officer when expected
Possessing of illegal drugs or guns and firearms
Associating with known convicted criminals
Driving a vehicle with alcohol or drugs in your blood
Being in areas where contraband (e.g., illegal drugs, stolen property) is sold
Unreported Police Contact or Being arrested, even if no criminal charges are filed
Probation violation for absconding
Colorado Probation Lawyers – Defend Against The Technical Probation Violation
Defending against a technical violation means focusing on accentuating the positive aspects of the defendant’s case. It can sometimes be very difficult to keep track of the many confusing conditions of programs ordered in a typical probationary sentence.
In fact there are many who commit probation violations without realizing this has happened – because 1) they are not aware of their terms of probation or 2) they are confused – and do not understand the conditions of their specific probation program.
One Basic Truth About Colorado Technical Probation Violation Cases
Whether you have actually committed a technical violation of your probation – or you have been falsely implicated, you need to understand at least ONE basic truth… the burden of proof to establish the probation violation is very low.
The standard of proof necessary to prove a probation violation is “by a preponderance of the evidence” – not “beyond a reasonable doubt” as it was with the underlying criminal case.
This is also important – once you know that have a warrant out for your arrest, you should immediately try to “clear it.” By voluntarily appearing before the judge you will almost always be treated more favorably than if you are brought to court in custody, by the police. It is also – obviously a good idea to consult with an experienced Denver Colorado criminal defense to prepare a solid defense before doing surrendering – that is – to come up with a plan.
It is also VERY IMPORTANT – to continue- if your PO let’s you – to try to complete as many of your probation requirements as possible before returning to court.
The State of Colorado or City Court only has to show that “it is more likely than not that you violated your probation”in the manner that is alleged. That is a very low burden for the prosecutor to overcome. In this context – you will need skilled representation to fight the allegations, to maintain your criminal history and most importantly – to maintain your freedom.
A Colorado Probation Violation Attorney Offers a Basic Understanding of Sentencing in Colorado Technical Probation Violations Cases
More than almost any other kind of proceeding – skilled and experienced representation is needed to persuade the DA and the probation officer to give you a second chance based on the circumstances that underlay the decision not to comply with your probation.
If you have been found to have violated probation, either as a result of a plea negotiation – the judge could decide to:
Modify your probation, adding additional or more restrictive terms
Continue you on probation with no added provisions
Terminate your probation successfully
Terminate your probation unsuccessfully
or
Add additional – NEW – terms to your probation
Helping The Probation Officer and The Judge To Understand Why The Probation Violation Occurred
There are many reasons why you may have failed a drug or alcohol screen. Other reasons may help the judge to understand why you did not complete your community service or why you missed a reporting date… the seasoned Colorado criminal defense probation violation lawyer can help bring these issues to bear on your behalf.
An experienced and persuasive defense attorney can still decrease the consequences even in cases where the violation or violations may easily be established.
Re-Sentencing After A Technical Violation Has Been Established
The consequences of violating probation can range from simply reinstating the original terms and conditions of probation – to placing a suspended jail sentence into effect (which means serving your entire sentence) to adding entirely new conditions to the sentence and – or lengthening the months or years of the original sentence. Judges who have to “re-sentence” in this context – have very wide discretion with respect to sentencing for probation violations.
When a judge is legally compelled to revoke probation , the judge still must decide what the new sentence will be. An experienced lawyer can help the Court understand why the violation occurred and then submit a compassionate and persuasive sentencing argument for the most lenient sentence possible.
Sentencing often comes down to proving to a judge that – even though you have violated your probation – the judge should reinstate your probation based on evidence presented to the sentencing judge that any threat of potential violations of the terms of your probation in the future has been eliminated. To the Court – reinstating probation without correcting the problem that led to the probation violation would only see the defendant returning for a second or third violation and facing – of course a much less sympathetic Court.
Colorado Technical Probation Violation Cases
If you or someone you know is facing a probation violation, consult with an experienced Colorado criminal defense attorney to learn about more about probation violations, and your legal options
If you believe your probation officer is about to or has accused you of violating your felony or misdemeanor probation for technical violation of your probation sentence, you need to contact an experienced Denver, Colorado Probation Violation Lawyer to assist you.
H. Michael Steinberg has 40 years plus of experience defending Colorado Technical Probation Violation Cases filed in the Denver Metro area and the Front Range of Colorado (Adams, Arapahoe, Denver, Douglas, Jefferson, El Paso, Boulder, and All other Colorado Counties).
Other Articles of Interest:
- Colorado Probation Violation Law – New Criminal Charges As A Violation of Probation
- Understanding Probation Revocation Polcies In Colorado Probation Revocation Decision Making
- Colorado Probation Violations – The “Revoke And Terminate” Probation Option
- Colorado Probation Revocation Violations Based On Drug Use -The Hot UA Problem
- Colorado’s Probation Violation Hearing Law – Analysis
