Parole and probation revocations are all too common in Colorado. In many cases, individuals face strict legal terms and guidelines that they struggle with following properly. In other situations, someone accidentally commits a minor crime that causes them to have their parole or probation revoked.
Even if you committed a serious crime, your parole or probation does not necessarily need to be revoked. Our compassionate criminal defense lawyers have experienced navigating the complex legal system in Colorado. Don’t wait, call us today at (720) 314-8750.
About Parole and Probation Revocations in Colorado
Probation is a sentence that someone may receive if they are convicted of a crime in Colorado. Probation allows the defendant to avoid jail time. Instead, the convicted person must follow certain terms and guidelines assigned by a judge or the probation officer. Probation terms may include asking permission to leave the state, avoiding certain substances such as alcohol or marijuana, mental health or substance use treatment, random drug tests, and more.
In many cases, probation and parole terms are specified based on the unique circumstances surrounding a specific criminal situation. For instance, some people on probation have orders in place that prevent them from contacting specific individuals. In other situations, someone on probation may have to use a breathalyzer device to operate a motor vehicle.
The terms for someone on parole may be similar to those of an individual on probation. However, if an individual violates their parole terms they may return to prison.
Parole and probation revocations often occur when someone who has been convicted of a crime or fails to meet the terms of their probation or parole sentence. Sometimes, this can be something as minor as missing meetings with your probation or parole office.
What is mandatory parole in Colorado?
In Colorado, mandatory parole involves a required period during which the parolee is supervised by a parole officer after being released from prison. This time is mandatory for every person released from a Colorado correctional prison facility. Mandatory parole is a way that the state can release a prisoner while still keeping track of their activities and holding them to high legal and behavioral standards.
How does probation work in Colorado?
Probation is a type of alternative sentence given to someone convicted of an offense in Colorado. Those on probation will agree to complete various terms instead of going to jail or prison or facing other consequences. It will depend on what a judge decides or the plea agreement.
Probation is often supervised by a probation officer. However, there is also unsupervised probation, which does not require checking in with a probation officer. Probation sentences can be complicated and are often tailored to the circumstances surrounding a specific criminal conviction.
How do probation terms and conditions work in Colorado?
Probation is an alternative for jail in Colorado. If you have been convicted of a criminal offense, you may be eligible to apply for probation. If you are granted probation, you can avoid prison or jail time as long as you follow the terms and conditions of the court.
The terms and conditions that a court decides will depend on various factors. These factors can include the nature of the crime you committed, your criminal history, the seriousness of the offense, the financial impact caused by the crime, and any victims positions.
As you follow these terms and guidelines, the Colorado Probation Department of your county will be in charge of supervising your activities. If you violate any of the conditions of your probation, you could find yourself facing jail or prison time.
What happens if you violate your probation terms in Colorado?
If you violate the terms of your probation, you may face going to jail. The violation of your probation terms can occur if you behave in a way that goes against the terms of your probation, are arrested for another crime, fail to report to probation offices, and more. If you are told that you have violated your probation terms, you may have a probation revocation hearing. At this hearing, the court will determine whether your probation should be revoked.
How do probation and parole violation hearings work?
According to CRS § 16-11-206, a probation or parole violation hearing is a court hearing that will determine if your probation should be revoked, remain in place, or be subjected to different conditions. At this hearing, the court will take into account your statements, the statements of your probation officer, and the circumstances surrounding your sentence of probation.
Who can report a probation or parole violation?
In most situations, your probation officer will be the one to report a violation to the courts. Depending on the kind of violation, your probation officer might just talk to you and work out a solution. For violations, you could also face stricter probationary terms. Or, your probation officer could decide that you need to take certain classes or face other consequences.
However, serious probation violations could result in a summons or an arrest. At this time, a prosecutor could file a motion to revoke your probation because you violated your probation terms.
Probation violations could also be reported to your probation officer by someone else. This could include another probation officer, a police officer, a family member, or an ex. For example, if the terms of your probation prohibited you from contacting someone like an ex-girlfriend, and then you contacted that person, they could report you to your probation officer.
What are some of the most common probation and parole violations in Colorado?
Probationary conditions are different on a case by case basis. When you are granted probation, you will be given a statement that details the terms and conditions of your probation. This statement will explicitly determine what your conditions are so that you understand what is and is not permitted.
These conditions can depend on many factors, and usually include items like paying restitution, complying with substance abuse testing, complying with treatment, complying with court orders, and not committing any additional offenses during the probationary period.
A violation may occur if you fail to:
- Maintain employment
- Pursue education
- Undergo substance abuse treatment
- Undergo psychiatric treatment
- Complete community service
- Pay for court costs or fines
- Refrain from possessing weapons
- Attend probation meetings
- Remain in the state or jurisdiction of the court
- Avoid contacting witnesses or victims
Just because you violate the terms of your probation does not mean that a revocation will necessarily follow. It will all depend on your probation officer, lawyer, and the decision reached by the court.
Can you hire a lawyer for probation or parole revocations or appeals?
Yes, you have the right to legal assistance. If you are facing the possibility of parole or probation revocation, it is wise to have a skilled criminal defense attorney representing your interests.
Our attorneys understand Colorado’s laws and probation requirements comprehensively. We can help you navigate through your unique probation or parole revocation case and may also help you make an appeal. This is especially true if your revocation case involves new charges.
Call Koziel & Lehr Now to Speak With a Skilled Denver Parole and Probation Revocation Defense Attorney
For many people, the threat of having probation or parole revoked is stressful, emotional, devastating, and frustrating. This is especially true if you have been doing everything possible to follow the terms of your probation or parole and made one simple mistake. Tough legal issues in cases like this can seem complex and overwhelming.
In some situations, someone on probation or parole could be dealing with a particularly difficult supervising officer. You deserve to have your side of the story heard. It is best to hire a skilled criminal defense attorney to protect your interest in court.
Are you on probation with a suspended sentence in Colorado and are facing revocation? Have you been released for parole and recently committed a crime that you need legal assistance defending yourself against? Do you have other probation or parole issues that you need legal help with in Denver or other nearby cities in Colorado? If so, contact our skilled criminal defense attorneys now.
Call Koziel & Lehr Law LLC for Help with Parole and Probation Revocations at (720) 314-8750.