How Probation Works
In the United States, people who are convicted can face an additional measure called "Probation" along with their regular sentence, if any. If they are sentenced to serve time in Prison, then the probation starts after they are released.
What probation means, is that the person is allowed to re-enter society in a restricted manner. They have to adhere to certain conditions that might include counseling, as well as regular meetings or communications with a Probation Officer.
The types of conditions imposed vary with the type of offense initially committed. For example, those convicted of drug offenses are typically required to undergo frequent drug tests. Community service and physical labor are also imposed from time to time.
Probation Violations in Colorado Springs, CO
During the defendant's Probation period, the Probation officer monitors his or her activities, and if the probation officer finds that he or she has violated the terms of probation, the defendant can be warned, or be charged with Probation Violation.
The Probation Violation occurs on the discretion of the Probation Officer. Strict officers are known to slap a Probation Violation charge on minimal evidence or even suspicion. However, the defendants have a right to due process. This means that any charge must be spelled out clearly, and that the alleged violation must correspond to a requirement specifically mentioned in the original probation order.
Penalties For Probation Violation
Depending on the specific state law, probation violation can attract a punishment as severe as the one the defendant faced when the charges were initially pressed. This makes Probation Violation a very serious offense.
The Court decides aggravating circumstances depending on the correlation between the type of violation and the original crime. Violation must be proved by what is called a "Preponderance of Evidence" which means that the prosecution must prove over 50% of the evidence.
Strong Defense from a Colorado Springs Criminal Attorney
Since defendants accused of Probation Violation are often unjustly accused by a strict Probation Officer it is important that you seek a Clawson & Clawson, LLP Attorney if you are charged. Our attorneys are specialists at identifying and recommending mitigating circumstances, such as rehabilitation and counseling, that will make the Court listen to your defense favorably.
In addition, we examine the charges, the evidence, and the original order and eloquently present a compelling defense to the Court. If there is any technicality or due procedure that has been violated, we will ensure that your rights are not swept aside.
If convicted of Probation Violation, we can argue before the Court for a mitigated sentence. In fact, if consulted right at the beginning, we can ensure that your probation isn't as restrictive as it could be and so reduce the chances of an accidental violation in the first place!
Frequently, we are able to show that the Probation Officer has attached his or her own subjective judgment to the probation order, thereby making you face unjustified charges. We expose such biases and ensure that you do not face unfair legal action. It is very easy to be bulldozed as you are sometimes treated as already a criminal. Don't let this happen to you. Contact a Colorado Springs criminal defense attorney now!