Colorado Probation-Violation Lawyer
After a person is placed on probation, he or she is agreeing to follow the probationary terms issued by the court in exchange for his or her freedom. By following probationary terms, people will not have to serve their jail sentences and can have a somewhat normal quality of life.
Typically, one of the conditions people must follow when they are placed on probation is the avoidance of committing new crimes. People who are on probation are told that if they engage in criminal activity or commit a new criminal offense, they will have their probation revoked and will be thrown in jail. After a person has been charged with committing a new crime, there is little he or she can do to stop the criminal process from advancing, and that person will need a good lawyer to avoid incurring additional legal penalties, like monetary fines.
After a person has been accused of committing a new crime while on probation in Colorado, he or she will need to put a great deal of thought into what options are available. Unfortunately, most people are not aware of their rights or the courses of action they should take when it comes to probation-violation related offenses. For this reason, a person who has been accused of committing a new crime, or who has been charged with a subsequent criminal offense, should always retain representation with a trustworthy defense attorney. H. Michael Steinberg has been helping people who have been charged with committing a new crime while on probation for years, and he can help you too.
Motion to Revoke Probation (MRP) in Denver and All of Colorado
If You Are Charged with Probation Violation,
After a person has been accused of violating his or her probationary terms, the court may issue an MRP for his or her probation. Usually, the prosecutor presiding over a person’s case will issue the motion to revoke after he or she has reason to believe that the person has violated his or her probation or has failed to follow probation terms, like meeting with a probation officer.
Often times, people are under the impression that their probation officers have the right to issue a motion to revoke; actually an MRP is charged and handled by state and district attorneys. Additionally, probation can only be revoked after a person has received notice. This allows people who have received motions to revoke to defend themselves in court and to fight the allegations of the prosecutor.
If people are successful in their attempt to challenge the prosecutor’s allegations, they will be allowed to remain on probation without incurring additional legal penalties. If people are not successful, their probation may be revoked, and they will have to serve their original jail sentences and may also be ordered to pay fines and court fees.
Failure to Report Cases
If a person does not attend scheduled meetings with his or her probation officer, that person may be charged with failure to report, which is a very serious criminal offense. Once a person is charged with failure to report, he or she may be served with a motion to revoke by a prosecutor, which could lead to the revoking of his or her probation. After this happens, the person may have to serve his or her original jail sentence, and in some cases may face enhanced legal charges and penalties.
After people have been charged with or accused of failure to pay fines, it is important that they realize they may be facing jail time if the prosecution wins. With this being a possible outcome, people should always take the time to consult with an experienced probation-violation lawyer who can help them avoid probation revocation.
After a person has been convicted of a crime in Colorado, he or she may be sentenced with a variety of penalties. Some of these penalties include, but are not limited to:
- Jail time
- Community service
Of all these penalties, most people hope to get sentenced with community service as they will just have to complete set hours of volunteer work within their communities. However, there are those individuals who simply fail to do their community service or who do not complete all of their community-service hours. When this happens, these individuals may be charged with failure to complete community service or “failure to comply.”
Failure to comply merely means that people have not fulfilled the terms of their criminal sentences. When a person is charged with failure to comply, his or her legal penalties may be enhanced, which means he or she may face greater legal consequences, like jail time or hefty fines.
After people have been charged with or accused of failure to complete community service, it is important that they realize they may be facing jail time if the prosecution issues a motion to revoke and wins. With this being a possible outcome, people should always take the time to consult with an experienced probation-violation lawyer who can help them avoid probation revocation.
Failure to Pass a Drug Test
When someone is placed on probation, he or she is done so with the understanding that any violation of the terms of the probation agreement may result in being subjected to the maximum sentence for the crime of which he or she was convicted. For example, even if a judge only sent an individual to jail for 6 months for committing a crime, if the maximum sentence for that crime is 2 years, and if the individual violates his or her probation, he or she will face a motion to revoke probation and will be sentenced to 2 years in prison. One term that is part of every probation agreement is that the convicted individual must not be charged with any new crimes during the term of the probation.
Depending on the crime with which the individual was initially charged, another aspect of the probation may be having to submit to random drug tests to ensure that he or she is clean and not under the influence of drugs. If, however, the urinalysis (UA) is positive, and it is determined that the individual was using drugs, it is an indication that he or she has engaged in criminal activity. Without an experienced probation-violation attorney, the individual will probably be sent to prison for the maximum sentence.
Drug Crimes and Probation Violations
There are cases, however, when a positive drug test does not necessarily indicate criminal activity. For example, many people who are convicted of DUI or drug crimes will have to submit to random drug tests for legally-obtainable substances as part of a diversion program. Even if he or she was drinking legally or had a prescription for the drugs, it is considered a probation violation.
If you have been charged with a probation violation because of a failed drug test, it is imperative that you retain aggressive legal representation so that you have a chance at staying on probation instead of being sent to jail. There are many possible defenses that The Steinberg Colorado Criminal Defense Law Firm can provide, so call today to protect your future.
After an individual has been found guilty for committing a crime and has been sentenced with probation, it is imperative that the person adheres to the terms of his or her probation. The most typical probationary terms include checking in with probation officers and refraining from committing a new crime. Additionally, people who are on probation must not possess or have contact with weapons. If they are caught engaging in weapon crime by law enforcement, they may be charged with a weapon-offense violation and also probation violation. When this happens, they may be ordered to serve their original jail sentences and also to pay monetary fines.
After people have been charged with weapon-offense violations while on probation, they have a strong chance of serving jail time as most weapon-related crimes in Colorado are classified as felonies. Weapon offenses should always be taken seriously as the state of Colorado has very strict weapon laws and consequences for those who violate state laws.
Any time a person has been charged with a weapon-offense violation, it is important that he or she obtain the services of a qualified weapon-crime defense attorney. If the person is on probation at the time that he or she was charged with a weapon offense, the person should also look to hire a lawyer with prior probation-violation case experience.
The Probation Violation Hearing in Denver and All of Colorado
After a person is accused of violating his or her probation, he or she may receive an MRP and will be asked to attend a mandatory probation-violation hearing, during which prosecutors will argue that the person (defendant) violated his or her probation and should therefore have his or her probation revoked. It is up to the defendant and his or her defense attorney to argue against the prosecutor and to prove that the defendant did not, in fact, violate probationary terms. If the defendant is not able to do this, he or she may have to serve the original jail sentence.
If you are currently on probation, chances are that you have worked very hard and have exercised all of your legal options to avoid spending time in jail. However, if you have been accused of violating probation, you now stand a chance of being incarcerated if you are found guilty. For most people, that is a scary and overwhelming thought as people never want to give up their basic freedoms.
In Colorado, when people are placed on probation, they may have their jail sentences suspended. In return, they must comply with every probationary term that is issued by the court. If they fail to comply with the terms of their probations, their jail sentences will no longer remain suspended. Instead, they may have to serve their jail terms, and in some cases have additional years added to their sentences. Aside from having to spend time in jail, people who have been found guilty of violating their probation may also have to:
- Pay fines
- Pay court fees
- Do community service
- Attend counseling
- Attend drug and alcohol rehabilitation programs
The consequences vary, but all have one thing in common: These penalties can destroy a person’s quality of life for many years to come.
Defending You and Your Future
After people have been charged with probation violation, they are truly in for the fight of their lives. After all, most people who have been placed on probation fought to avoid jail time, and now they are facing incarceration once again. For this reason, after people have been charged with or accused of violating probation, they need to work with a skilled Colorado probation-violation attorney., H. Michael Steinberg has been representing individuals who have been charged with probation violation for over 13 years. Candidly, he also prosecuted these cases as a career DA for over 13 years. Therefore he has the training, knowledge and unyielding nature it takes to help clients avoid lengthy jail sentences.
Deferred Judgments v. Probation in Colorado
Here is the actual law on deferred judgements in Colorado:
Deferred judgements are a form of probation, although they are not entirely similar. Probation and deferred adjudication both allow individuals to continue with their lives and jobs so long as they are not convicted of another crime, they check in regularly, and they do not break the terms of their probation.
Deferred Judgements are agreements – that must be approved by the Judge where the parties agree there is sufficient evidence to convict you of a crime, but instead all agree to defer the conviction. You will have to enter a guilty plea, but you will not be found guilty by the court. Your criminal record will reflect this; you will not have a conviction on your record, but you will have a deferred judgment.
18-1.3-102. Deferred sentencing of defendant
(1) In any case in which the defendant has entered a plea of guilty, the court accepting the plea has the power, with the written consent of the defendant and his or her attorney of record and the district attorney, to continue the case for a period not to exceed four years from the date of entry of a plea to a felony or two years from the date of entry of a plea to a misdemeanor, or petty offense, or traffic offense for the purpose of entering judgment and sentence upon such plea of guilty; except that such period may be extended for an additional time up to one hundred eighty days if the failure to pay restitution is the sole condition of supervision which has not been fulfilled, because of inability to pay, and the defendant has shown a future ability to pay. During such time, the court may place the defendant under the supervision of the probation department.
(2) Prior to entry of a plea of guilty to be followed by deferred judgment and sentence, the district attorney, in the course of plea discussion as provided in sections 16-7-301 and 16-7-302, C.R.S., is authorized to enter into a written stipulation, to be signed by the defendant, the defendant’s attorney of record, and the district attorney, under which the defendant is obligated to adhere to such stipulation. The conditions imposed in the stipulation shall be similar in all respects to conditions permitted as part of probation…. Any person convicted of a crime, the underlying factual basis of which included an act of domestic violence, as defined in section 18-6-800.3 (1), shall stipulate to the conditions specified in section 18-1.3-204 (2) (b). In addition, the stipulation may require the defendant to perform community or charitable work service projects or make donations thereto.
Upon full compliance with such conditions by the defendant, the plea of guilty previously entered shall be withdrawn and the charge upon which the judgment and sentence of the court was deferred shall be dismissed with prejudice. Such stipulation shall specifically provide that, upon a breach by the defendant of any condition regulating the conduct of the defendant, the court shall enter judgment and impose sentence upon such guilty plea. When, as a condition of the deferred sentence, the court orders the defendant to make restitution, evidence of failure to pay the said restitution shall constitute prima facie evidence of a violation. Whether a breach of condition has occurred shall be determined by the court without a jury upon application of the district attorney or a probation officer and upon notice of hearing thereon of not less than five days to the defendant or the defendant’s attorney of record. Application for entry of judgment and imposition of sentence may be made by the district attorney or a probation officer at any time within the term of the deferred judgment or within thirty days thereafter. The burden of proof at such hearing shall be by a preponderance of the evidence, and the procedural safeguards required in a revocation of probation hearing shall apply.
(3) When a defendant signs a stipulation by which it is provided that judgment and sentence shall be deferred for a time certain, he or she thereby waives all rights to a speedy trial, as provided in section 18-1-405.
(4) A warrant for the arrest of any defendant for breach of a condition of a deferred sentence may be issued by any judge of a court of record upon the report of a probation officer, or upon the verified complaint of any person, establishing to the satisfaction of the judge probable cause to believe that a condition of the deferred sentence has been violated and that the arrest of the defendant is reasonably necessary. The warrant may be executed by any probation officer or by a peace officer authorized to execute warrants in the county in which the defendant is found.
A skilled criminal defense attorney can assist you with your criminal case or with the administrative aspects of a conviction, probation, or deferred judgment. With 26 years of experience, Mr. Steinberg is practiced and ready to provide you with the quality representation you deserve.