Understanding Probation Revocation and How to Get it Reinstated
If you violate probation in Colorado and the court decides to revoke it, things can get pretty serious. But here’s the thing: probation can also be reinstated. When your probation is revoked, you might have the option for the court to “re-grant” probation. This means that even though your original probation was revoked, you’re given a new probation period to complete your requirements.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.
If you’ve been in trouble a lot, getting your probation reinstated isn’t always an option. If you’ve violated probation too many times or if you’ve committed a new crime while on probation, you’re probably looking at jail or prison. The goal with reinstating probation is to give you a second chance, but it’s not something the court will always agree to.
What Happens at a Probation Violation Hearing?
At a probation violation hearing in Colorado, the judge reviews whether a person on probation has failed to follow the terms of their probation, such as missing appointments, failing drug tests, or committing a new offense. The probation officer typically presents evidence of the alleged violations, and the defendant has the right to an attorney, to present witnesses, and to challenge the evidence. Unlike a criminal trial, the standard of proof is lower; the judge only needs to find that a violation occurred by a “preponderance of the evidence.” If the judge decides a violation happened, the court can modify the probation terms, extend the probation period, impose additional conditions, or revoke probation entirely and order the defendant to serve the original jail or prison sentence.
What Violation Causes Revocation of Probation The Most?
The most common violation that causes probation revocation is picking up a new charge while you’re on probation. Whether it’s a DUI, assault, or something else, if you break the law while on probation, the court is far less likely to give you another chance. Missing appointments or failing drug tests is serious, but if you’re arrested for a new crime, your probation will almost certainly be revoked.
Speak With A Colorado Springs Probation Revocation Lawyer Near You Today
If you live in our near Colorado Springs and your probation has been revoked, it’s important to speak with an experienced criminal defense attorney as soon as possible, as they will be able to represent you at your hearing and fight to hopefully get your probation reinstated. Contact the Law Office of Rodemer | Kane for a free case consultation today to see how we can assist you.