Probation may be assigned instead of other penalties after a criminal conviction, giving the offender with a chance to move forward.
However, mistakes and misunderstanding can happen, leading to probation violations and the possible reinstatement of the original sentence.
Find out how the probation lawyers at The Dadvocates can help clients throughout Colorado minimize the consequences of these violations...
Who Is Eligible for Probation?
Criminal offenders can apply for probation, though the request may not be granted in every case. If you have been charged with a crime, our lawyers will work to get the penalties of your sentence reduced. In many cases, probation is the most favorable outcome.
Typically, individuals that have been convicted of two felonies under Colorado or federal law aren't eligible for this reduced sentencing option. However, a District Attorney can ask that this restriction be waived for non-violent offenders with no felony convictions for crimes of violence such as manslaughter, second degree burglary, and offenses against children.
What Constitutes a Probation Violation?
Probation Violations and Colorado's No-Bond Provision
A violation of your probation terms violates a court order and is considered a crime. If a violation is reported, the judge can issue an arrest warrant. In the state of Colorado, these warrants have a no-bond provision. In other words, offenders can't post bond and be released from jail until the judge has issued a bond amount.
That is why it is so critical for those charged with probation violations to contact an attorney immediately; a lawyer can request an immediate bond hearing and fight to get the bond amount reduced.
Probation Violation Penalties
Adding new terms and conditions to your probation
Extending the length of the oversight period
Reinstating all or part of the original sentence
Probation Violation Hearings
The Burden of Proof
Our attorneys emphasize that probation violation is a separate criminal offense from the one that resulted in sentence in the first place. Further, the burden of proof that was needed to obtain the initial criminal conviction was much stronger than the standard of proof that is required to revoke probation. It is up to the offender's lawyers to refute or provide a reasonable explanation for the violations.
When it comes to criminal probation proceedings, Colorado is divided into 22 judicial districts. A chief judge oversees the probation department in each district. The judge conducts the probation revocation hearing without a jury. The judge isn't required to follow the same stringent rules of evidence that are established for criminal trials. This is why it is critical to have an attorney that can provide strong evidence in your defense.
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Kaitlyn and her team worked hard for my family even through the Covid restrictions, slow downs, and other snags that came with taking on our case. I highly recommend trusting the Dadvocates to see anyone through the toughest cases.. Her patience and transparency holds value and she never gave up in my case.
I called Dadvocates to find legal advice about a particular sensitive situation I was dealing with. I don't typically like calling law firms because I find they provide minimal advice while running up my tab. But in this case, Jason and Kaitlyn really helped me out. They gave me a free consult and I got all the answers I needed at the time. These two attorneys are very professional and I really believe they have their clients' best interest in mind.
Have You Violated Your Probation Order?
Contact Our Practice for Immediate Help
Our lead criminal defense attorney was trained by prominent celebrity criminal defense lawyers in Colorado and Ohio, and has successfully litigated several high profile cases that were publicized in the media. Our law firm is affiliated with the National Association of Criminal Defense Lawyers, Colorado Criminal Defense Bar, and the Colorado Bar Association.
The team of experts at The Dadvocates are here to provide you with immediate legal advice if you have violated your sentence or got re-arrested. Contact us online or call our legal office for immediate assistance.
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The Dadvocates is one of the most professional and results oriented law firms that I have encountered - highly recommend. I personally worked with Danielle and she exceeded expectations at every moment of my difficult case. I walked away in a position that, without Danielle and the Dadvocates, I would not have been able to achieve. The Dadvocates is a high Return on Investment law firm.
My experience working with Kaitlyn Wright has been nothing but phenomenal. During the case she kept me well informed and did an excellent job representing me in court. I would highly recommend the Dadvocates as a father for they know the law well and how to help dads in their hardest of times.