The way Colorado courts handle violations can significantly impact your future. The law doesn’t take violations lightly. One 2020 study reported that when some disappeared while on probation, 78.5 percent of adults and 84.2 percent of juveniles faced missing sentences. Among the adults who received new sentences after violating probation, 51.5 percent were sent to jail.
A probation violation doesn’t automatically mean the same result for you. You have options and legal rights that deserve protection. At Wolf Law LLC, we have helped many clients navigate probation violation proceedings and work to maintain their freedom. In this article, we explain what you need to know about Colorado probation violations and how to protect your rights.
Types of Probation Violations in Colorado
It’s important to know that Colorado courts categorize probation violations into two main types. There are technical violations and substantive violations.
Technical violations happen when you fail to meet the requirements of your probation.
These violations include:
- Missing scheduled appointments
- Failing to report changes in employment or residence
- Falling behind on fee payments
While technical violations are considered less serious, they can still result in penalties like jail time.
Substantive violations involve breaking specific conditions of your probation sentence or committing new crimes.
Examples include:
- Testing positive for prohibited substances
- Committing a new criminal offense
- Having contact with prohibited persons
- Possessing weapons when prohibited
- Leaving the state without permission
What Happens When You Are Accused of Violating Probation?
When a Colorado probation violation is reported, the process moves quickly. You should familiarize yourself with the outlined process below.
The initial report
Your probation officer will document the suspected violation and may conduct an investigation.
This could involve:
- Collecting drug test results
- Reviewing surveillance records
- Documenting missed appointments
The probation officer will decide whether to file a formal complaint with the court based on his or her findings.
The complaint and summons
If your probation officer files a complaint, the court will issue either a summons to appear or an arrest warrant.
The decision between a summons and a warrant often depends on the following:
- The severity of the alleged violation
- Your history of compliance
- Whether you’re considered a flight risk
- The recommendation of your probation officer
Potential Consequences of Colorado Probation Violations
Colorado courts have broad discretion in handling probation violations.
The consequences you face depend on several factors:
- The nature and severity of the violation
- Your overall compliance history
- The original offense for which you were granted probation
- Any mitigating circumstances
- Your response to the violation
Possible outcomes include modified probation terms, sanctions, or full revocation of your probation.
Modified probation terms
The court may choose to continue probation with modified conditions.
These modifications might include:
- Increased reporting requirements
- Additional treatment programs
- Extended probation sentence
- Electronic monitoring
- Stricter curfews or movement restrictions
Intermediate sanctions
For less severe violations, the court might impose intermediate sanctions, such as:
- House arrest
- Fines
- Additional community service hours
- Increased drug testing
- Enhanced supervision requirements
The revocation hearing process
Being placed on probation doesn’t mean you’ll see your sentence through. If you break any rules or commit a new crime, the court can revoke probation. Probation revocation hearings in Colorado have a different process than criminal trials.
There is no jury, and the standard of proof is lower. The district attorney only needs to prove that a violation is more likely than not, instead of proving it beyond a reasonable doubt.
The hearing process typically involves:
- First appearance: At your first court appearance, the judge will inform you of the alleged violations and your rights. You’ll need to decide whether to admit or deny the violations. This is where having an experienced criminal defense attorney can make a significant difference in your case.
- Preliminary hearing: If you deny the violations, you’re entitled to a preliminary hearing. At this probation violation hearing, the district attorney must show probable cause that a violation happened. Many cases are settled at this stage through negotiations between your defense attorney and the prosecution.
- Probation revocation hearing: If your case becomes a full hearing, both sides will present evidence. The prosecution will call your probation officer and any other relevant witnesses. Your criminal defense attorney can cross-examine these witnesses and present evidence in your defense.
How to Respond to a Probation Violation
If you are accused of violating probation, taking immediate action is crucial. The steps you take in the first 24-48 hours can significantly impact the outcome of your case.
- Contact your defense attorney immediately
Don’t wait to seek legal representation. An experienced criminal defense attorney can:
- Review the alleged violation
- Gather evidence in your defense
- Negotiate with your probation officer
- Represent you at your probation violation hearing
- Protect your rights throughout the process
- Document everything
Documenting everything to do with your probation is crucial to your case.
Keep detailed records of the following:
- Your compliance efforts
- Any communication with your probation officer
- Evidence supporting your defense
- Witnesses who can verify your compliance
- Any extenuating circumstances
Building a Strong Defense
Successfully defending against Colorado probation violations often requires a well-thought-out, detailed strategy. Let’s take a look at some common defense strategies.
Lack of willfulness
If you can show that the violation was not willful and the circumstances were beyond your control, the court may be more lenient. For example, if you missed an appointment because of a medical emergency or failed to pay fees because of an unexpected job loss.
Insufficient evidence
The prosecution must prove that a violation occurred.
Your attorney can:
- Challenge the allegation
- Question witness credibility
- Present evidence in your defense
Compliance with probation terms
If you have followed your probation terms well up until this point, your good record can work in your favor.
The following evidence can prove your commitment to improving your life:
- Proof of steady employment
- Ongoing treatment participation like anger management or drug rehabilitation
- Good drug test results
Special Considerations for Drug and Alcohol Violations
Did you know that revocations for those with underlying drug offenses have more than doubled between 2010 and 2019? These violations are, sadly, very common. Also, court policies on addiction are evolving.
Treatment-first approach
Many Colorado courts now recognize addiction as a medical issue rather than purely a criminal matter.
If you have violated probation due to a failed drug test or missed treatment sessions, courts recommend the following:
- Stronger outpatient treatment programs
- Residential treatment alternatives
- More frequent testing schedules
- Additional counseling requirements
- Mental health evaluations and support
Common drug testing issues
Drug testing violations aren’t always straightforward. False positives can occur due to:
- Prescription medications
- Certain foods or supplements
- Environmental exposure
- Testing equipment errors
- Chain of custody issues
If your test was a false positive, there is hope for your case. Your attorney can challenge these results and potentially have them excluded as evidence of a violation.
Interstate Probation Complications
If you are on probation in Colorado but need to relocate to another state, your case may fall under the ICAOS. The Interstate Compact for Adult Offender Supervision (ICAOS) is a formal agreement that governs the supervision of adult probationers and parolees who wish to move between states. This adds several layers of complexity to probation compliance and violation proceedings.
Transfer requirements
Offenders have to submit a transfer request in their state, wait for a response, and follow the reporting instructions.
To transfer probation supervision to another state, you must:
- Have more than 90 days remaining under your supervision
- Make a significant connection to the receiving state (job, family, etc.)
- Comply with your current terms
- Have a means to support yourself
Multi-state violations
A probationer dealing with multi-state violations needs to understand both states have different powers. Your original state (where you were sentenced) can revoke your probation, while your new state can enforce rules and hold you accountable. You could face trouble in either place.
When probation violations occur in interstate cases, multiple jurisdictions may become involved, which can affect the following:
- Available probation violation hearing procedures
- Potential consequences
- Travel restrictions
- Supervision requirements
If you commit a crime or violate probation in your new state, you could be imprisoned right away. Stay in touch with probation officers in both states and don’t travel between states without permission. Any police contact needs to be reported to both probation officers immediately.
Money matters, too. You could end up paying fees in both states, plus travel costs, if you have to go back. Most importantly, know which rules apply where you’re living now versus what your original state requires. This knowledge keeps you out of trouble and helps you handle problems if they come up.
Remote Reporting Requirements
Remote reporting has revolutionized how probationers check in with their supervising probation officer. These systems reduce the need for frequent in-person visits while maintaining close supervision. Your consistent use of these systems helps prove your commitment to success.
Interstate reporting
Interstate probation often involves stricter reporting requirements and less flexibility with travel or condition modifications.
Missing reports or unauthorized travel can result in the following:
- Immediate violation reports
- Multi-state warrants
- Return to the originating state
- Additional supervision fees
- Loss of transfer privileges
Digital check-in systems
Colorado probation departments use various online platforms for routine check-ins.
These platforms allow you to:
- Complete all scheduled check-ins through your assigned platform
- Save or write down confirmation numbers for every report
- Take screenshots of completed submissions
- Keep your login credentials secure and private
- Report any difficulty accessing the system immediately
- Use only secure internet connections for probation-related tasks
Early Termination and Probation Modification Options
Colorado law allows for early termination of probation. This is rewarding to probationers who show exceptional compliance and rehabilitation. These options can give probationers more motivation to follow their probation terms.
Requirements for early termination
Early termination will not be granted to just anyone.
To be considered for early termination, you must:
- Complete at least half of your probation period
- Fulfill all court-ordered treatment programs
- Pay all required fines, costs, and restitution
- Maintain perfect compliance with probation terms
- Show significant evidence of rehabilitation
The modification process
Your attorney can file a motion for early termination or modification of probation terms.
Success often depends on:
- Support from your probation officer
- Documentation of achievements during probation
- Evidence of stable employment and housing
- Completion of additional voluntary programs
- Demonstration of changed circumstances
Electronic Monitoring Equipment
Modern probation supervision in Colorado relies heavily on technology. They use various devices to monitor and track compliance. If you don’t follow the technological requirements, you risk violating your probation terms.
The electronic monitoring devices send real-time data to your probation officer, which allows him or her to track the following:
- Compliance with location restrictions
- Substance use prohibitions
- Other court-ordered conditions
Treating these devices with care and attention shows your commitment to rehabilitation.
GPS ankle monitors
Your GPS monitoring device is a critical part of your probation requirements.
Proper maintenance and operation include:
- Charging the device for 2 hours daily at the same time
- Keeping the charging cable and power adapter in a safe, accessible location
- Responding immediately to any vibrations or alert sounds
- Staying within your approved geographic boundaries
- Contacting your probation officer if the device appears damaged or feels loose
- Documenting any technical issues or malfunctions with dates and times
- Never attempt to remove or tamper with the device
Secure Continuous Remote Alcohol Monitoring (SCRAM)
If you are required to wear a SCRAM device for alcohol monitoring, follow the rules closely.
Some of these rules are:
- Follow the specific charging schedule provided for your device model
- Keep the device dry and away from water exposure
- Save screenshots of any error messages or unusual readings
- Report any missed tests or device malfunctions immediately
- Maintain a written log of all alerts or warnings
- Always keep proof of technical issues that might affect readings
The Importance of Experienced Legal Representation
Probation violation proceedings move quickly and can have serious consequences. At Wolf Law LLC, we have helped numerous clients successfully resolve probation violations and maintain their freedom.
Our attorneys understand both the technical and practical aspects of probation violation defense. That’s why we work tirelessly to protect our clients’ rights and interests.
If you are facing a probation violation in Colorado, don’t wait to get help. Contact Wolf Law LLC at 720-479-8574 to schedule a free consultation. We’ll review your case, explain your options, and develop a strategy to achieve the best possible outcome.
