What is a Probation Revocation in Loveland, Fort Collins and Estes Park?
During sentencing in most criminal cases for crimes like DUI, Domestic Violence, or any other felony or misdemeanor, many judges allow people the benefit of a probation sentence rather than prison or jail. This can be supervised probation where the person must report to a probation officer or in some cases, unsupervised probation where the person doesn’t have to check in with a probation officer, but still must comply with certain terms and conditions and orders of the court. This often includes classes, payment of court fines and fees, payment of restitution, community service and not getting charged with any new crimes or offenses.
Probation Revocation and Complaints
Your probation may be “revoked,” meaning that a complaint for revocation has been filed against you by the prosecutor or your probation officer, at any time during your probation term. This complaint alleges that you have not complied with one or more terms of your probation, or committed a probation violation.
You are entitled by statute to a hearing on your Revocation Complaint before a judge within 14 days of the filing of the Complaint, if you are in custody.
Common Reasons a Complaint to Revoke Probation is Filed
The majority of complaints filed in misdemeanor cases in Fort Collins and Loveland contain allegations that a person failed to complete their alcohol or domestic violence classes or that a person failed to pay all of the fees and costs. In felony cases, it is usually one of these reasons or because a person has new charges against them. It is important to realize that you have NOT violated your probation unless you are actually CONVICTED of the new offense. We understand that most times, failure to comply is not your fault. You may have lost your job as a result of your initial criminal case and have a difficult time making payments, or you could have lost your driver’s license and have no way to attend classes – except to drive and face new charges. Probation often sets up unrealistic expectations or provides zero flexibility for you to complete your requirements. Often, this is simply a failure of communication between you and your probation officer.
We also understand that the Larimer County Probation Department and the district attorney may not know that you DID comply and the allegations against you are false. You may not have been aware that the Court requires proof you completed your requirements, and now the prosecutor is trying to revoke your probation on an alleged violation when you actually did everything you were supposed to do.
Contact us for help – We Understand Probation Revocations and How to Get You the Best Resolution
Jail is not the only option! We have reviewed thousands of probation revocations and together we can help you mount an aggressive defense and fight your probation revocation. Even if you haven’t fully complied with your requirements and that is proven to the court, we can often get probation reinstated and keep you out of jail, provided you consult with us as soon as possible upon learning you are being revoked. We work with you and our team of treatment experts to build a consistent track record to show the judge and the prosecutor why you will succeed if given a second chance at probation. You deserve this second chance, particularly when the revocation is based on circumstances beyond your control. We can help you have many other options for success and solutions rather than jail or prison.
Give Yourself the Best Possible Chance at Getting Your Probation Reinstated
Your probation revocation may be unfair, unfounded, or not provable. The prosecutor and your probation officer have no incentive to help you stay on probation. Once a revocation is filed, they are trying to prove to the court that you violated your probation and send you to jail. Having an experienced criminal defense lawyer on your side is your best option. Your attorney knows the rules and legal principles to speak on your behalf to the judge. Keep your probation and protect your rights with the help of our team.
Call us today at (970) 658-0007, or submit the “Get Help Now” form to schedule a free consultation with a Larimer County criminal defense attorney in Fort Collins if you are facing a probation revocation or a complaint has been filed against you. Remember, jail is not the only option! If you are facing a probation revocation, you may want to speak to an attorney who is concerned for you. Together, we can protect your future.