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. Probation allows an individual 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! Submit
our online contact form or call
(719) 602-5888 today.