Common Conditions of Probation
Section 18-1.3-204 of the Colorado Revised Statutes Annotated outlines common conditions of probation that can be assigned to probationers. Examples of common probation conditions include:
- Submitting to drug or alcohol testing
- Participating in a court-ordered counseling or treatment program
- Maintaining employment or undergoing vocational training
- Reporting to the probation officer when directed to do so
- Refraining from being in possession of a firearm, ammo, or other weapons
- Making payments toward court-ordered restitution
- Not committing any new offenses while on probation
- Reporting all police contact (even if you’re just a witness) to your PO immediately
- Not possessing or consuming drugs without an Rx, except for marijuana which is not allowed even if you have a medical MJ card.
These are just a few examples of the conditions that commonly apply to individuals on probation in Greenwood Village, but additional conditions could be imposed as well. For instance, individuals placed on intensive supervision probation often have stricter conditions associated with their probation, up to and including random searches of your home and possessions.
Penalties for Violating Probation in Greenwood Village
When a person violates the conditions of probation, there are several possible outcomes. In some cases, the individual might be permitted to remain on probation but for a longer period (called “revoked and reinstated”). In some situations, a short jail sentence or additional communication can be imposed before probation is regranted. Probation could also be revoked, and the original sentence imposed, which could mean serving time in jail or prison.
If a person violates probation by committing a new offense of any sort (even traffic offenses greater than 4 points), probation will likely be revoked. The person could be charged and tried for the new offense and face additional penalties, such as another term of imprisonment if convicted. A probation violation lawyer in Greenwood Village could answer questions about the penalties for specific probation violations.
Court Proceedings for Probation Violations are NOT New Trials
If you’re facing a probation violation hearing, you should know you’re not entitled to a new jury trial. In other words, you don’t get a do-over of your original constitutional rights. A hearing to the court is all that you’re entitled to, and you’re not always guaranteed that the same judge who heard your case originally will hear any probation violation complaint against you.
At a probation violation hearing, a judge will decide both 1) whether the DA proved the violation and 2) will re-sentence you, if so. In such a hearing, the DA does not have to prove you violated probation beyond a reasonable doubt, but rather only by a preponderance of the evidence, which is a much easier standard. It’s important to have a competent probation violation attorney to help you if you are thinking of going to a probation violation hearing.
