Violating your DUI probation is a severe offense in Colorado. You won’t go directly to jail, but you will need a criminal defense lawyer to help you at the probation violation hearing. After the hearing, you may be subject to different consequences, depending on how the court rules against you.
A probation violation doesn't typically happen in federal courts. Each state handles criminal defense and criminal charges of probation violation differently.
Probation violations depend entirely on the sentence the judge gives you at your hearing. For example, some people require classes about drugs, therapy, or even community service. Usually, you also have to meet your probation officer at regular intervals.
Participating in these activities or requests is mandatory. You will violate your probation if you don't attend meetings with your probation officer or fail to meet any other required activities.
You also violate your probation if the court charges you for another crime while serving probation. This crime doesn't have to relate to your current sentencing.
Violations because of absence or charges from other crimes have different consequences.
When you don’t report to a required probation activity, the people in charge of you will alert your probation officer. If you fail to meet the probation officer, they will report the violation. Some officers even call to check if you are at work and consider your probation violated if you are absent.
Your probation officer will decide if the violation deserves a hearing or if they can work out the breach between you and them.
Your probation officer might decide it was just a minor violation and give you a chance to make up for the offense. They usually impose extra community service hours, reparations, or fines to compensate for a minor breach. However, your probation officer always has the authority to revoke your probation and send you to court.
If your probation officer decides that you have violated your probation, they will have officers arrest you. At that point, you may hire a criminal defense attorney to help your case.
Once you are in custody, a prosecutor will review your case and submit it to a judge. Your legal team will then work to build a case to support you in the trial. The judge will hear both cases and determine the verdict.
The judge will either dismiss your probation and send you to jail or keep you on probation. If they choose to keep your probation, they will either keep it running as it was or impose new conditions or terms. New terms are often very strict.
At Haltzman Law Firm P.C., we want to help make this challenging situation better. Our team will help you through the criminal proceedings and provide sound legal advice until your hearing is over. If you need a criminal defense attorney to build a case for your probation revocation, call us at (970) 692-3440 to schedule a consultation.
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