Under probation in Colorado? Here’s what happens if you violate your terms (and what you can do about it).
Probation is a court-issued period during which an offender is monitored for good behavior in exchange for a lesser sentence. It gives those convicted of certain non-violent crimes and misdemeanors a chance to avoid jail or prison or avoid serving more time if they’ve already entered detention. Probation periods usually last between one and five years.
In large part, adults and juveniles under probation can live normal lives if they abide by the terms set by the court. However, violating one’s terms can carry severe consequences.
Technical and substantive violations.
Dictated by a judge, the terms of one’s probation cater specifically to the crime for which the offender was found guilty. Breaking those terms usually falls under one of two violations.
Technical
A technical violation involves breaking the specific rules set by the judge. If you were convicted of possessing illegal substances, for example, it’s likely your probation will include mandatory drug screenings. If you fail a court-ordered drug test, you’ve performed a technical violation of your probation.
Similarly, if you were convicted of domestic violence, the court will likely rule that you cannot possess a weapon during your probation period. If you are found in possession of a gun, this constitutes a technical violation and the judge may issue a warrant for your arrest.
Substantive
Substantive violations involve accruing new criminal charges while under probation. If charged with a crime unrelated to the one you were originally charged with, it is still a violation of your probation. While probation represents what is essentially another chance at regular life, the purpose is to rehabilitate your behavior against criminal activity.
Common ways people violate their probation.
Aside from outright breaking the rules (such as drinking if you were mandated to participate in alcohol rehabilitation, travelling outside your restricted area or being charged with a new crime), many violations occur due to oversite or because the offender simply can’t keep up with the conditions of his or her probation.
Common violations include:
- Failure to pay court, supervision or restitution fees.
- Failure to report an address change.
- Failure to report to your probation officer.
- Breaking (even accidentally) your electronic monitoring device.
What are the consequences of a violation?
If you’re extremely lucky and have no prior offenses, the judge may issue a warning. Often, though, a violation is grounds for revocation of your probation and possible arrest. If your probation is revoked, you will likely receive additional penalties, fines and even jail time.
Common penalties include:
- New sentencing.
- Fines and/or fees.
- Additional time added to your probation.
- Jail time.
- Required counseling or rehabilitation programs.
What to do if you violate probation in Colorado.
If you violate your terms, even unwillingly, an experienced criminal defense attorney will know how to negotiate the most lenient sentence from the judge. He or she will illustrate the most compelling reason for why you broke your terms and present you to the court in the best possible light.
Common defenses include:
- Failure to report due to hospitalization.
- Learning disabilities that prevent the offender from completing mandated educational programs.
- Lack of sufficient funds to pay fines or supervision fees.
- Faulty equipment that resulted in an inaccurate drug test.
- Prescription medication that affected the results of a drug test.
Evidence presented to the court in your defense must thoroughly convince and compel the judge. If you think you’ve violated the terms of your probation, contact an experienced Grand Junction criminal defense attorney immediately.
For more information about probation law and violations in Colorado, contact LaCroix and Hand P.C. If you’ve violated the terms of your probation in Grand Junction or on the Western Slope, our dedicated team will look for defenses for your case and work to negotiate a reduced sentence.
