Probation Violations in Colorado
When you’re on probation, it’s important to know what can lead to violations. The most common probation violations we see at our Colorado Springs law office are typically related to failing to meet certain requirements or picking up new charges. Here’s a breakdown of the most common violations:
Failure to Complete Community Service: One of the most common reasons people violate probation is not completing their community service hours. Whether it’s because life got in the way, or they simply didn’t prioritize it, missing community service hours can lead to a violation. It’s crucial to stay on top of this requirement and keep the court updated on your progress.
Missing Appointments or Classes: If you’re required to attend classes like alcohol education or anger management, missing a single session can lead to a violation. The same goes for failing to meet with your probation officer for check-ins. Courts tend to be strict about this, and missing multiple appointments can lead to significant consequences.
Failed Drug Tests: Probation often includes regular drug testing, especially if your offense was drug-related. Failing a drug test, whether it’s for alcohol or illegal substances, is a violation. While probation officers might give you a second chance in some cases, repeated failed tests will likely lead to harsher penalties.
New Law Violations: Picking up a new charge while on probation is the most serious violation. If you’re arrested for something like a new DUI or any other criminal offense, your probation is at serious risk. New offenses while on probation are taken very seriously, and they can lead to immediate revocation of probation, jail time, or prison.
Failure to Pay Fines or Restitution: If part of your probation involves paying fines or restitution to victims, failure to make those payments can lead to a violation. Courts understand that financial issues can arise, but they still expect you to make consistent efforts to pay what you owe.
Probation Violation 1st Offense in Colorado
A first-time probation violation in Colorado is often treated with some leniency, especially if the violation is minor or technical, such as missing a meeting or failing to report a change of address. Judges may allow the probation to continue as is or with added conditions like increased supervision, counseling, or community service. However, even a first violation can lead to revocation if it involves a new criminal offense or a serious breach of probation terms. The court will consider factors such as the nature of the violation, prior compliance, and the underlying offense before deciding whether to modify or terminate probation.
Repeat or serious probation violations carry far harsher consequences. Courts are less inclined to offer second chances and may revoke probation entirely, enforcing the suspended jail or prison sentence. Multiple violations or new criminal charges while on probation signal to the court that rehabilitation efforts are failing, increasing the likelihood of incarceration. In these cases, your defense strategy needs to focus on damage control, showing genuine rehabilitation, compliance progress, or mitigating circumstances to persuade the judge to impose alternatives to jail whenever possible.
Are Probation Violations Public Record?
Yes, probation violations are part of your criminal record. While the violation itself won’t necessarily result in a conviction, it will still show up on your record. This can affect your future employment, housing applications, and other opportunities. If you end up in jail or prison due to a probation violation, that will also be part of your criminal history. At the Law Office of Rodemer | Kane, we have helped hundreds of clients facing probation violation charges. Reach out to our Colorado Springs law firm today for a free case consultation.