Boulder Probation Violations Defense Lawyer

Being on probation can feel like being on a tightrope. A mistake, an oversight, or even a personality conflict with your probation officer can land you back in court for an alleged probation violation, which can lead to serious penalties including jail time or incarceration.

At Dolan + Zimmerman LLP, we understand the harsh consequences that can stem from a probation violation in Colorado, including the revocation of your probation without a jury trial and the possibility of being found guilty based on a preponderance of the evidence. Our Boulder probation violations defense lawyers will work tirelessly to protect your rights and freedom from those consequences by crafting an individualized defense strategy that is customized to your specific circumstances surrounding your case number and probation terms.

Boulder Probation Violations Defense Attorney

Being convicted of a criminal offense is a frightening experience that can have lifelong consequences on your criminal record. If you find yourself in this position, it’s common to be worried about your sentence – will you have to go to jail? For many individuals, probation will be an option as an alternative to a jail or prison sentence. If you are later accused of violating your probation, you have the right to have a revocation hearing where you can dispute these allegations. If you find yourself in this situation, it’s important to act quickly and contact an experienced Boulder probation violations defense lawyer right away to navigate the legal process effectively.

What is Probation?

When an individual is convicted of a crime or pleads guilty to a crime, they must be sentenced shortly after. In many cases, the sentence carries the potential of a jail or prison term. Fortunately, for many of these individuals in Colorado, probation is an alternative sentence that the judge can hand out under Colorado law. When someone is sentenced to probation, there are conditions set forth that they must follow. S

ome of the most common ones include reporting to a probation officer, remaining arrest-free for the duration of the probationary period, drug testing, fines, vocational training or maintaining employment, community service, anger management classes, and electronic monitoring, such as wearing an ankle monitor. These probation conditions are defined by court orders and can include various requirements that the defendant must comply with to avoid probation violations.

Most criminal offenses in Colorado are eligible for a probationary sentence as an alternative to jail or prison. If you were convicted of or pleaded guilty to a Class 1 felony, a Class 2 petty offense, or you have been convicted of 2 or more felonies in Colorado or any other state, you are not eligible for probation.

An experienced Boulder probation violations defense attorney can help you understand your options if you seek probation instead of incarceration. Judges in Boulder County often favor rehabilitation over punitive measures in probation cases, but a felony charge or serious offense can affect eligibility. Probation conditions are court-ordered and must be strictly followed to avoid probation violations, which can lead to revocation without a jury trial. It’s important to act quickly and consult a skilled Boulder probation violations defense lawyer to protect your rights and avoid being just a case number.

What Happens if You Violate Probation in Colorado?

Violating probation can have serious consequences. If you fail to abide by the rules the judge set forth as part of your sentence, this is considered a violation. For example, if you are required to remain substance-free and your urinalysis shows that you have been using drugs or alcohol, this is a violation. If you are required to wear an electronic monitoring device and attempt to remove it, this is also a violation.

One of the most common technical violations is failing to show up to a scheduled meeting with your probation officer. Some violations are considered more severe than others, such as being charged with new criminal charges or substantive violations, but no matter how small, any violation can land you back in court in front of the judge. A judge in Boulder County can revoke probation without a jury trial, and probation violations are proven by a preponderance of evidence rather than beyond a reasonable doubt.

In most cases, it’s your probation officer that will report a violation. If you miss a meeting or provide a positive drug screen, which are common technical violations, it will probably be reported to the courts, and a warrant for your arrest will be issued. You will be taken into custody and a probation violation hearing will be scheduled. In some cases, a probation officer might give you another chance if the violation is fairly minor and you have been doing well otherwise, demonstrating commitment to your probation terms and moving forward with compliance.

What is A Probation Violation Hearing?

If your probation officer decides to report your violation, a warrant for your arrest will be issued, and once you are taken into custody, you will be entitled to have a probation violation hearing. Colorado law requires due process protections in probation revocation proceedings, and you are always entitled to have an attorney for this court appearance.

The district attorney will present evidence of your violation to the judge, and your Boulder probation violations defense attorney will respond to the allegations. Sometimes your attorney’s response will be to refute that a violation occurred, using mitigation efforts such as presenting evidence of rehabilitation and compliance history, but in many cases, this might not be disputed, and your attorney’s job is to try to keep you out of jail even though you violated probation. Effective defense strategies differ based on whether the violation is technical or substantive, and hiring skilled attorneys can help negotiate a plea agreement or plea bargain to avoid harsher penalties.

During this hearing, there are several potential outcomes. Your probation could be revoked, in which case you will remain in custody and have to serve out the rest of your sentence; it could remain in place, in which case you continue on with your probationary sentence and the conditions that were set forth; or your conditions of probation could be altered, adding on additional restrictions and terms that you must follow. Probation violations are proven by a preponderance of evidence, and the prosecutor does not need to prove the violation beyond a reasonable doubt.

If you are accused of violating probation and need the assistance of an experienced lawyer, contact us today to set up a free consultation with our law firm.

You Are Not Just A Case Number, And You Are Not Out Of Options

You still have rights when you are accused of violating probation. It can feel like you are out of options and just don’t get another chance, but that is usually not the case at all.

We have been able to preserve many of our clients’ opportunities to complete probation under circumstances that they initially felt were hopeless. Just because you are on probation does not mean that you are defenseless and at the mercy of the probation department and the courts. Our defense lawyers in Boulder, skilled in criminal defense, can help you get the best possible outcome when you are accused of violating probation in Boulder.

Speak to a Boulder Probation Violations Defense Lawyer

In your first consultation, you will have the opportunity to explain your situation to one of our Boulder probation violation lawyers. We will then help you understand your best options, as well as what to expect from the processes ahead.

To arrange your consultations, please call our office or tell us about your situation in an email.