What Happens if You Violate Probation in Colorado?

Consequences of Violating Probation in Colorado

If you’ve violated probation, you might be wondering what happens now? There are a number of ways that an individual can knowingly or unknowingly violate their probation, but these violations can lead to serious consequences. If you are facing probation violation charges, you’ll want to contact an experienced criminal defense attorney as soon as possible to help you speak to the judge and prosecution and getting a second chance. Contact the Law Office of Rodemer | Kane today for a free case consultation.

So, What Happens If You Violate Probation in Colorado?

If you violate probation, the court can impose serious penalties ranging from stricter supervision to jail or prison time. What happens next depends on the type of violation, your criminal history, and the judge’s decision at a probation violation hearing.

Immediate Consequences of a Probation Violation

Violating probation can trigger one or more of the following actions:

• Arrest or Arrest Warrant – A probation officer may request a warrant, which can result in being taken into custody before a hearing.
• Probation Violation Hearing – The court schedules a hearing to determine whether you violated probation terms. The judge uses a lower “preponderance of the evidence” standard, not proof beyond a reasonable doubt.

Possible Outcomes After a Violation

If the judge finds that probation was violated, the court may:

• Revoke Probation – The judge can order you to serve the original jail or prison sentence for the underlying offense.
• Modify Probation Conditions – The court may impose stricter terms such as:
  • More frequent drug or alcohol testing
  • Additional counseling, treatment, or classes
  • GPS monitoring, house arrest, or tighter curfews
• Extend the Length of Probation – Probation may be extended with new or more restrictive conditions.
• File New Criminal Charges – If the violation involved committing a new crime, you may face separate criminal penalties in addition to probation consequences.
• Issue a Warning – For minor or technical violations, the judge may issue a warning, though this is uncommon.

Factors Judges Consider

Judges typically look at:

• The seriousness of the violation
• Whether a new crime was committed
• Your prior compliance and criminal history
• Recommendations from probation officers

How Do Probation Officers Find Out About Violations?

A common question we often get asked by our clients is, how did the probation officer even find out about the violation. This is more applicable when an individual is completing unsupervised probation rather than supervised probation, as a probation officer will be regularly checking up on you and quickly know if you have violated the terms of your probation. They will check with employers if necessary, they can ask for drug and alcohol testing if part of your agreement is to refrain from using these substances while on probation, and they will check in with community service providers to make sure hours are being completed. For unsupervised probation, you still need to hand in your completed community service hours to the courts, which is how violations can be spotted.

Do Judges Listen To Probation Officers?

Yes, judges place a lot of weight on the recommendations of probation officers. Probation officers have a front-row seat to your progress, or lack thereof, and they often serve as the judge’s main source of information about whether you’re complying with the terms of your probation. If your probation officer reports that you’ve been non-compliant or have violated terms, a judge will likely take that seriously in making their decision.

The consequences can vary, but generally, if you mess up probation, the judge has a few options:

1. Warning: If it’s a minor violation, you might just get a slap on the wrist and a chance to fix it. But don’t get too comfortable. Repeated violations will have a more serious effect.
2. Revocation and Jail Time: If the violation is more serious, like picking up a new criminal charge, the judge might revoke your probation entirely. That means you could face jail time for the offense, or even for the time remaining on your probation.
3. Probation Reinstate: This is where you get another shot. Your probation might be revoked, but then it’s re-granted, meaning you’re given a new probation period to complete your requirements. The terms will be the same, and you’ll start over with a clean slate, so long as you don’t mess up again.
4. Revocation and Prison: Worst-case scenario here is that you end up in prison. If you’ve completely disregarded probation rules, this might be the outcome.

Violating probation isn’t something to take lightly. Always try to stay compliant, and if you slip up, take immediate action to correct it.

Key Takeaway if You Violate Probation in Colorado

Violating probation can lead to arrest, stricter supervision, or incarceration. Because the stakes are high and judges have broad discretion, speaking with a criminal defense lawyer immediately can help protect your rights and reduce potential penalties.

What Might A Judge Do If He Or She Determines That A Probation Violation Has Occurred?

If the judge finds that you’ve violated your probation, they have a few choices depending on the severity of the violation. In many cases, the judge will issue a revocation of probation and either impose jail time or give you a second chance with stricter terms. It really comes down to how serious the violation is and whether you’ve shown good faith in trying to comply. 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.