Colorado Springs Probation Violation Attorney
Probation is a penalty assigned to someone found guilty of a crime. It allows the guilty party to avoid jail time. Probation is also court ordered, which means that if you violate the terms set out for your probation, you are committing yet another crime. This is how it is characterized by the court. The court often views these circumstances in a very black and white way.
However, most situations in life are not black and white—there are many gray areas. A competent and knowledgeable criminal lawyer can help you navigate the legalities of your probation violation so that your probation isn’t revoked and you don’t have to go to jail.
What is considered a probation violation?
Each person who is placed on probation has a set of terms and conditions they must follow. Some of these terms are common sense: commit no more crimes, do not get arrested, and so forth.
Other terms and conditions are more specific, like attending certain rehabilitation classes, meeting with a probation officer, passing drug tests, and similar items.
If you break the rules set out by the court, that is a probation violation. That sad thing is that a probation violation doesn’t even have to be intentional. It’s important that you contact a Colorado Springs lawyer immediately so that they can help you build a strong case to prevent your probation from being revoked. Violating probation often leads to more severe consequences, including time in jail.
What is the difference between a parole violation and a probation violation?
Probation is sentenced instead of jail time. Parole, on the other hand, occurs when someone is released from jail with terms and conditions to follow. These terms and conditions can be quite similar to the terms and conditions issued for probation, but legally, there are important distinctions between the two.
In either case, having an experienced attorney to help you navigate potential penalties for violations is vital. Without representation that has your best interest at heart, many judges and courts will simply default to the most severe punishment available. It’s important that you have an attorney who can fight for your rights and keep your parole or probation intact to avoid jail time or re-incarceration.
While the restrictions placed on one by probation or parole can be a great inconvenience or get in the way of certain opportunities, the impact of being incarcerated can be much worse. Long term financial effects, such as losing a job and being unable to find employment after serving time in prison, can be severe. Being jailed can also harm your relationships with loved ones and your educational opportunities.
It’s always best to attempt to avoid being incarcerated, and for that, you need a criminal defense attorney.
How much or little supervision will I get?
The level of supervision you’ll experience on probation depends on a number of different factors, including the circumstances of the crime itself, your previous criminal history, and risk assessments that determine your likelihood of reoffending.
For example, a first-time offender whose crime is considered relatively minor who doesn’t have a high risk of reoffending might find that their probation isn’t particularly restrictive. However, probation can be more restrictive for more serious crimes, those who have lengthy criminal records, and anyone who is likely to re-offend.
Probation can consist of many different types of terms and conditions, some more strict than others. If your crime was related to drugs or alcohol, for example, you may find that one of the terms of your probation could include substance abuse or alcohol abuse treatment. This may or may not include mandatory scheduled or randomly timed drug tests. If a psychological condition might have influenced your crime, you may find that you’re required to see a counselor.
Am I eligible for probation?
To find out if you’re eligible for probation, in most cases, you have to apply to the court for this alternative sentencing. It is by no means guaranteed that you’ll receive it, of course. There are a few hard and fast rules about being ineligible when it comes to probation. For example, if you have two felonies under Colorado or federal law (which rules out probation entirely), the court will use its discretion in sentencing.
Other things that make you ineligible are for probation include:
- Violent crimes
- Previous manslaughter felony convictions
- Offenses against children
- Second-degree burglary
Anaya McKedy P.C. is an exceptional criminal defense law firm, and our lawyers are committed to providing all of our clients with the aggressive