A sentence to probation is a VERY way to resolve a criminal case in Fort Collins, Loveland and across Larimer County. Whether the probation is supervised or unsupervised, there are carious rules and requirements for a person while on probation. Sometimes, they can be as simple as ‘remain law abiding’ for the period of the probation sentence. Often, though, there are many more requirements including monitored sobriety, evaluations and treatment, complete court ordered classes, and paying all court fines, fees, and restitution. Violating any of your terms and conditions of probation may result in a probation revocation. Generally, one or two small issues, maybe a missed UA or BA, will not lead to a revocation, however, a new criminal case will. Being charged with a new crime will more often than not lead to a probation revocation.
Revoking Probation in Larimer County: Will I Be Arrested for Violating My Probation?
Under C.R.S. 16-11-205, a probation officer can arrest you when:
- The officer has a warrant commanding that the probationer be arrested; or
- The officer has probable cause to believe that a warrant for the probationer’s arrest has been issued in this state or another state for any criminal offense or for violation of the conditions of probation; or
- Any offense pursuant to the laws of this state that is statutorily eligible for arrest has been or is being committed by the probationer in his presence; or
- The officer has probable cause to believe that the conditions of probation have been violated and probable cause to believe that the probationer is leaving or about to leave the state, or that the probationer will fail or refuse to appear before the court to answer charges of violation of the conditions of probation, or that the arrest of the probationer is necessary to protect the safety of the community or another person or prevent the commission of a crime.
If you are accused of a new crime and then warrant is still pending when you go to meet with your probation officer, you will likely be arrested. Similarly, if you are being revoked and none of the above situations apply, then the probation officer can issue a summons with a court date on it and a copy of the complaint attached, or an explanation of why you are being revoked.
What Happens If My Probation is Revoked Because of a New Case in Loveland?
Generally, if you are charged with a new crime and then your probation is revoked in Loveland or Fort Collins, your revocation will follow the new case. What this means is that no decisions on the revocation will be made until the new case is settled. They do this because you have not been found guilty or plead to anything yet, so there is a chance that the new case is dismissed or you are acquitted of the charges and that your probation should not be revoked because you did not commit any new crime. If there is a plea deal to be made in the new case, we will try and work the revocation matter into the deal to get the best possible outcome in both matters.
If you or someone you love is facing a Probation Revocation, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation today. Together, we can protect your future.
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