Jefferson County Probation Violation Attorney
Representing You Throughout Your Probation Revocation Hearing
A court in Colorado may grant probation in lieu of incarceration, as long as it feels that such a sentence will help rehabilitate the defendant and allow them to lead a law-abiding life. The court will impose various conditions the defendant must follow throughout the probationary period. Failing to abide by these terms can lead to serious consequences. If you have been accused of a probation violation in Denver, act fast to get an attorney on your side. They can fight the revocation of your probation and work toward helping you avoid an incarceration sentence.
At Jim Medley Defense Lawyer, we understand that being on probation instead of locked up in jail or prison allows you to take care of your personal and family obligations. That is why we will do everything in our legal power to challenge the accusations against you. Our Denver probation violation lawyer has over a decade of experience practicing criminal law and has a master's degree in Criminal Defense. We know how the judicial system works and how to develop compelling defenses to fight back against serious charges.
Considerations for Granting Probation
Any person convicted of a crime (except class 1 felonies or class 2 petty offenses) can apply for probation. A judge will weigh the facts of the case to determine whether to grant the defendant's request.
The judge will consider the nature of the circumstances and the defendant's character and may deny probation if they believe that:
- There is a risk that the defendant will commit another crime,
- The defendant needs treatment that can be provided by imposing a term of incarceration,
- Granting probation would weaken the severity of the offense, or
- The defendant's criminal history suggests that probation will not rehabilitate them
The judge may take into account several factors when deciding whether to grant probation.
These include, but are not limited to:
- The conduct did not cause or threaten to cause serious harm to others,
- The victim was partly responsible for the offense,
- The defendant does not have a criminal history,
- The circumstances leading to the criminal conduct will likely not recur, or
- The defendant or their dependents would suffer undue hardship if the defendant was incarcerated
Conditions of Probation
Although probation is an alternative to incarceration, that does not mean the defendant (referred to as a probationer) will not be subject to restrictions or limitations. After they are granted probation, they will be given a written statement outlining the conditions they must follow. The terms include things the probationer must do and things that they are banned from doing.
Every probationer will be subject to the following conditions:
- Not commit another crime,
- Make restitution,
- Attend substance abuse treatment (if applicable), and
- Comply with orders concerning the treatment of sex offenders (if applicable)
Depending on the circumstances, the court may impose other conditions on the probationer.
Additional probationary terms include, but are not limited to:
- Finding gainful employment or pursuing education that will prepare the probationer for work,
- Undergoing medical or psychiatric treatment,
- Paying child support,
- Paying spousal maintenance,
- Refraining from possessing a firearm,
- Refraining from alcohol or drug abuse,
- Periodically reporting to a probation officer,
- Refraining from traveling,
- Refraining from contacting the victim or the victim's family, or
- Being subject to home detention
At Jim Medley Defense Lawyer, our attorney can review the terms of your probation to help you understand what is expected and prevent you from making any missteps that could lead to a probation violation accusation.
Probation Revocation Hearing
A person alleged to have violated any of the terms of their probation will either be arrested (if the probation officer has probable cause to make an arrest) or summoned to appear in court. They will be scheduled for a revocation hearing, during which a judge will inform them of the allegations against them. The probationer may plead guilty or not guilty to the charges.
During the revocation hearing, the prosecution has the burden of establishing by a preponderance of the evidence that a probation violation has occurred. However, if the probationer was accused of committing a crime, the "beyond a reasonable doubt" standard applies.
If the court determines that a probation violation has occurred, it can:
- Revoke or continue probation,
- Impose a term of incarceration, or
- Impose different or additional conditions of probation
During your revocation hearing, you can have a lawyer for probation violations in Denver represent you. At Jim Medley Defense Lawyer, we will help navigate your case, letting you know what options are available and the strategies we can develop to seek a favorable outcome for you.
Accused of a Probation Violation? We Are Here to Help!
Judges are not always lenient when they hear that someone has allegedly violated the terms of their probation. That is why it is important to have an attorney with experience presenting cases in court represent you. At Jim Medley Defense Lawyer, we are ready to ensure that the judge hears your side of the story and has a complete picture of the events leading up to the accusations.