Probation Violation Attorney in Colorado Springs
Defense For Those Accused of Breaking Probation in Colorado Springs
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, our Colorado Springs
criminal defense lawyers have proven experience defending clients against
the repercussions of a probation violation and we never underestimate
the serious nature of these cases. Call now!
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:
- Failure to pay court costs or fines
- Failure to report to your probation officer
- Refusal to attend court ordered therapy or take classes
- 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.
If you have been accused of a probation violation, the best steps you can
take is proactive. Speak with an attorney as soon as you believe your
probation officer may issue a complaint. We can help ensure that a warrant
is not placed out for your arrest or take a stance on your behalf.
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.
Find out how The Samuelson Law Firm can be there to advocate for you following
a violation of your probation in a complimentary case evaluation!
Call our Colorado Springs criminal defense attorneys today!