Colorado Springs Criminal Lawyer
In many criminal cases, a judge will place an individual under probation in lieu of a more serious penalty. In this way, probation acts as a kind of good will agreement between the judge and the defendant. When the defendant fails to comply with the terms of the agreement, the court of law sees this probation violation as a break in trust and a sign that the individual in question deserves a tougher sentence. If you have violated the terms of your probation agreement, it is very important that you seek the counsel of a reputable criminal defense firm as soon as possible. At The Samuelson Law Firm, we have proven experience defending clients against the repercussions of a probation violation and we never underestimate the serious nature of these cases.
Types of Probation Violations
There are two types of probation violations, a technical violation and a new case violation. A technical violation implies that you failed to honor a certain request or order stated in the terms of your probation agreement. Common technical violations include the failure to pay court costs or fines, the failure to report to your probation officer, refusal to attend court ordered therapy or take classes, and the failure to pay restitution. A new case violation entails that you have committed some other crime, even if it is unconnected to your first offense, which voids the terms of your probation agreement.
Taking Legal Action in Response to a Probation Violation Charge
If you are found to be guilty of a Violation of Probation (VOP), your case will go before a judge who will decide how you will be resentenced. In a technical violation, no jury will be present during your hearing. Without a jury, your resentencing will be entirely in the judge's hands. The burden of proof in a VOP rests on a preponderance of evidence, meaning that your actions directly violate the exact terms of your probation agreement. As there is no grey area in your probation terms or room for interpretation, there is no question as to your guilt in violating your probation. While realistically it is rather unlikely that an attorney will be able to successfully dispute your guilt in a VOP, I will be able to negotiate with the judge on your behalf and seek leniency in your resentencing.