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Probation Violations

Drug Testing

When you agree to a probation sentence through a plea or a court sentences you to probation after you are found guilty, you are assigned to a probation officer that has a lot of control over your life.  Most probation includes standard conditions like no new violations of law, regularly meet with probation, surrender of a firearm, and submit to random drug and/or alcohol testing.  Additionally, a court may impose specific conditions like complete domestic violence, substance abuse, or mental health treatment.  More serious sex offenses carry other special sex offender probation conditions, like sex offender treatment.  If any of these conditions are

violated, your probation officer can file a motion to revoke your probation.  In addition, if the district attorney’s office discovers a violation of any condition, they can also file a motion to revoke your probation.

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When you are facing a probation revocation, you will typically have two options.  You can either admit you violated probation and the Court will re-sentence you after you or your attorney and the district attorney argue to the Court what your new sentence should be, or you can deny you violated probation and proceed to a hearing.  See C.R.S. § 16-11-206(2).  If you proceed to a hearing, the district attorney must prove a preponderance of the evidence that you violated a condition of probation, unless the alleged violation is a new violation of law.  Then, the district attorney must prove beyond a reasonable doubt the new violation of law.  See § 16-11-206(3).  Preponderance of the evidence typically means more likely than not and is a lower standard than beyond a reasonable doubt.  This means it is typically easier for a district attorney to prove you violated a condition of probation.  However, if the alleged probation violation is a new violation of law, the higher standard of beyond a reasonable doubt applies and a court will typically continue the probation violation hearing until after the new violation of law case has resolved. See § 16-11-206(3).

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Because of the low standard to prove a violation, many probation violations result in the defendant admitting violation and making a strong sentencing argument to the Court.  However, in some cases where over zealous probation officers exceed their authority or do not make reasonable accommodations to a probationer, a hearing may be necessary.  Contact the Law Office of Michael Swink today and speak with an attorney experienced with probation revocation proceedings.

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