Probation Violations in Colorado: What You Need to Know
Probation is often ordered as an option in lieu of jail time. It often entails various onerous requirements such as regularly meeting with your probation officer, keeping a steady job, passing alcohol and drug testing, or undergoing counseling. Failing to meet any one of these requirements can be considered a violation and put your probation in jeopardy. If you failed to comply with the terms of your probation, we recommend that you contact an experienced criminal defense attorney as soon as possible.
What Happens if I Violate Probation in Colorado?
The consequences of a violation will vary according to the violation itself. If your violation is minor, your probation officer may give you a warning and give you the opportunity to correct the violation and move forward. However, your probation officer always has the discretion to file a motion to revoke your probation that requires you to appear in court on a specific date and time. With a very serious violation, a warrant for your arrest may be issued.
The hearing before a judge will involve the district attorney presenting evidence of the violation and arguing for a revocation or some other change to your probation. You have the right to respond to the allegations and be represented by counsel. Once both sides have had the opportunity to argue their case, the judge will do one of three things:
- Revoke your probation and order that you be returned to jail or prison to serve out your term
- Modify your probation
- Continue your probation without penalty
If you are scheduled for a probation violation hearing, working with a probation violation attorney is your best option for getting a fair result.
What Is the Statute of Limitations on Probation Violations in Colorado?
Unfortunately, there is no statute of limitations on probation violations. This means that you could face a probation violation charge at any time. However, the court will lose jurisdiction over the violation once you have completed the term of your probation.
What happens if you fail a UA on probation in Colorado?
Failing a urinalysis test while on probation can have very serious consequences, especially if the underlying offense is drug or alcohol-related or you have been convicted of a felony. Under the law, you face the following potential consequences:
- Immediate, warrantless arrest
- An increase in the level of supervision while you are on probation
- Random drug or alcohol screenings
- Referral to a substance abuse program
If you have failed a urinalysis test, we recommend that you contact a criminal defense attorney as soon as possible.
Will Colorado Extradite For Probation Violation?
Yes, Colorado will extradite defendants for probation violations. This includes offenders who are currently outside of Colorado but were sentenced in Colorado as well as offenders who are in Colorado but were sentenced in another state.
Contact Rodemer | Kane to Discuss Your Probation Violation Today
Even a minor probation violation can carry harsh consequences. To protect your rights and your freedom, contact Rodemer | Kane to schedule a free consultation to discuss your case and how we can help.