Whether you are sentenced on a misdemeanor offense or a felony offense, your sentence likely includes probation. Unless you comply with all terms of your supervised or unsupervised probation, you will face a Probation Revocation (Complaint to Revoke Probation) proceeding in Arapahoe, Douglas and Broomfield County. There are two ways that probation can be violated: (1) technical violations or (2) new law violations. Technical violations stem from the probationer’s failure to comply with the specific terms of probation, i.e. monitored sobriety, missed classes, failure to pay fees, costs, or restitution. New law violations occur when the probationer is charged with a new criminal offense while already serving an active probation sentence. If you are charged with a new criminal offense, do not plead guilty to the new offense without the advice of an attorney.
Probationers do not have the same rights that criminal defendants have because they have already pled guilty to a criminal offense. In many cases, the consequences to violating probation may be more severe than the original penalties imposed in Boulder, Weld or Larimer County. If the probationer is found guilty of a violation, the original sentencing range is reopened to the judge. An attorney will help you determine whether it is in your best interest to admit or deny the allegations in the petition, revoke probation, or arrange a compromise. If the revocation is denied, a probationer is entitled to a probation violation hearing. At that hearing, the probationer is entitled to cross examine the probation officer regarding the violations. However, unlike when a defendant is charged with a crime, proof of the probationer’s violation need only be established by a preponderance of the evidence. Because of the lower standard of proof, an attorney may recommend trying to negotiate a favorable result with an admission to some of the allegations, instead of denying the allegations and proceeding to hearing.
If you are subject to a revocation for a misdemeanor in Adams, Denver, or Jefferson County, the attorneys at the O’Malley Law Office can help make sure your rights are protected as we fight the charges. We are experienced attorneys who devote ourselves solely to the practice of criminal defense. When you are accused of violating your probation, be smart, exercise your right to remain silent, and call today at 303-731-0719. Together, we can protect your future.