What Happens at a Probation Violation Hearing?

Probation Violation Hearings in Colorado

A probation violation hearing is essentially your opportunity to explain why you didn’t meet the terms of your probation. Your lawyer can help you present the best possible case to avoid jail time or further penalties. The judge will review the allegations, hear your side, and then make a decision based on your history and the seriousness of the violation.

This hearing is a serious event, and it’s important to know what you’re walking into. The process typically goes like this:

1. The Court Reads the Probation Violation Allegations: The first thing that happens is the court will read the allegations that led to the probation violation. These can include missing meetings, failed drug tests, not completing community service, or even picking up new charges. The judge will go through what the probation department is saying you failed to do.
2. Presentation of Your Case: This is your opportunity to explain to the judge why the probation violation occurred. Whether it’s a medical issue that prevented you from attending an appointment, a job conflict, or a family emergency, you’ll need to provide evidence of your efforts to comply. You might also bring in witnesses or show receipts for completed requirements. Having a lawyer to argue your case is crucial, as they’ll present the strongest argument possible to avoid jail time.
3. The Judge Decides: After both sides have been heard, the judge will decide what happens next. They might give you another shot at probation or reinstate your original terms. In some cases, the judge may impose more stringent conditions, such as additional community service hours or more frequent check-ins with your probation officer. If the violation is severe, such as picking up a new charge while on probation, the judge could send you to jail or even prison. The judge might also choose to modify your probation by adding additional restrictions.

What Might A Judge Do if He or She Determines That a Probation Violation Has Occurred?

If the judge finds that a probation violation has occurred, they have several options. These can range from a warning if the violation is minor to revoking probation and imposing jail time. In some cases, the judge might allow the probation to continue with stricter conditions, such as adding more treatment programs, increasing supervision, or extending the probation period. The severity of the violation and your past compliance will influence the judge’s decision. 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.