When you’re serving probation in Colorado, noncompliance can have serious consequences. A probation violation—even for a simple technical misstep—can lead to court hearings, sanctions, or even jail time. Here’s what you need to understand if you’re facing a violation in Colorado Springs or elsewhere in the state.
1. What Constitutes a Probation Violation
Colorado law defines two main categories of probation violations:
- Technical violations: These occur when you fail to follow the rules of probation. Common examples include skipping meetings with your probation officer, missing required classes, failing drug or alcohol tests, falling behind on fines or restitution, changing your address/employment without notification, or not completing community service.
- Substantive violations: These involve being charged with or convicted of a new crime during your probationary period.
Even seemingly minor infractions can lead to a “show-cause” hearing and possible revocation.
2. How Revocation Proceedings Start
Colorado law allows probation officers or the court to trigger revocation proceedings through any of these actions.
- Issuing a summons to appear before the court.
- Arresting you for the alleged violation.
- Filing a formal complaint alleging violation.
- Submitting a verified report requesting arrest.
Once initiated, the probationary “clock” is tolled, pausing until the matter is resolved.
3. Your Rights When a Violation Is Alleged
Although probation isn’t a constitutional right, it’s a conditional privilege in Colorado. As a result, you are guaranteed certain protections under C.R.S. 16‑11‑206 and established case law
- Written notice of the allegations.
- Disclosure of the evidence against you.
- The opportunity to appear at a hearing, present evidence, and call witnesses.
- The right to confront adverse witnesses, absent good cause.
- A neutral decision-maker.
- A written or oral record stating the reasons for any revocation.
- The right to counsel—and to effective assistance of counsel—at the hearing. Remember: the State must prove the violation by a preponderance of evidence—a lower burden than “beyond a reasonable doubt”.
4. What Happens at the Violation Hearing
Here’s how hearings typically unfold:
- Initial Hearing and Advisement: Held shortly after arrest or summons, this determines whether you should stay in custody or be released pending a full hearing. You will be advised of your rights at this hearing.
- Final Hearing: The court hears full evidence. You can testify, present witnesses, or challenge the State’s case.
- Judge’s Decision: The judge will issue a ruling. This is typically done immediately after the hearing.
5. Possible Outcomes
The court’s options include:
- Modify terms (e.g., add community service, tighter reporting, more substance testing).
- Extend overall probation period.
- Continue probation as-is.
- Impose short jail stay (often up to 90 days for a felony, 60 days for a misdemeanor).
- Revoke probation and impose the original suspended sentence.
Colorado statutes allow probation terms of up to five years for misdemeanors, and longer for felonies.
6. Jailing After Revocation
If the court revokes your probation, it can reinstate the original suspended sentence. The duration of incarceration depends on:
- The severity of the original offense.
- The nature of the violation (technical vs. new crime).
- Your prior compliance and criminal history.
- Risk posed to community safety. Judges are instructed to apply the least restrictive sanction necessary and ensure penalties are proportional to the violation.
7. How We Can Help You
As a Colorado criminal defense attorney, we tailor defense strategies to your situation and probation violation:
- Disputing evidence and procedure: Challenging reliability of drug tests, notice defects, or improper warrantless searches.
- Negotiating compliance plans: Proposing outpatient programs or tailored schedules to avoid revocation. This is usually done by setting a hearing over to give you time to complete your conditions.
- Advocating proportional outcomes: Arguing for reduced sanctions like community supervision rather than jail.
- Litigating at hearing: Presenting mitigating factors such as employment, family responsibilities, or rehabilitation efforts.
Thorough preparation and knowing the nuances of Colorado’s probation system can mean the difference between continued freedom and incarceration.
8. How to Avoid Violations
If you’re on probation, protect yourself with these proactive steps:
- Always attend scheduled meetings and document them.
- Pay all required fees, fines, and restitution promptly.
- Get approval before leaving the jurisdiction or changing jobs/housing.
- Submit to testing and any required counseling or treatment.
- Maintain open communication with your probation officer.
- When in doubt, ask your lawyer.
By staying ahead of deadlines and rules, you significantly reduce the risk of a “technical” probation violation cascading into jail time.
9. Timeline Considerations
Colorado courts can only act while your probation is active or while the violation process is formally pending—the Court loses jurisdiction once the probationary period has terminated. Always immediately address any allegation so the State doesn’t file allegations against you..
Final Takeaway
Probation in Colorado carries both privileges and powerful conditions. Violating those terms—even in minor ways—can bring serious legal repercussions. However, the system also provides opportunities to defend, negotiate, and avoid jail.
If you—or a loved one—are facing a probation violation in Colorado Springs or nearby, don’t wait. Contact an experienced Colorado criminal defense attorney today. Acting early and decisively can protect your freedom and guide you toward successful completion of your probation.
The post Probation Violations in Colorado first appeared on McDowell Law Firm.
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