Does Probation Violation Mean Jail?

If you are reported for violating your probation, your future could look grim.  You will be forced to go back to court and appear before the original judge on your case.  Violating your probation is serious business in Colorado.  While you will not automatically go to jail for a violation, it is a definite possibility depending upon the judge’s decision.  Beware that even if you do not go to jail, you’re at the judge’s mercy and may face a variety of other steep penalties for this violation.

What Constitutes a Probation Violation?

If you violate your probation, you will fall under one of two categories for violation either technical or substantive.  You are guilty of a technical violation if you break the terms of your probation as outlined by the courts.  A substantive violation, on the other hand, occurs when you break the law for something else, acquiring new criminal charges that are not related to your initial crime.  With this in mind, each type of probation comes with its own set of consequences.

How Does My Violation Get Reported?

For the most part, it is the person’s assigned probation officer that does the reporting of potential violations to the court systemThe probation officer has the authority to make decisions based upon the severity of the breach.  The P.O. determines if the violation is minor and can be addressed between the person and him or herself, if a summons should be issued, or if the person should be arrested and delivered to the court.  It is also possible that another person who becomes aware of the violation could report the incident to the criminal’s P.O.  This is commonly the victim of the crime or employer.

What Will Happen If I Am Arrested for Probation Violation?

After you are arrested for a probation violation, the next step is for the prosecutor to file a Motion to Revoke Probation or (MRP).  You will be able to receive the help of an attorney for your probation violation hearing in court.  This process is relatively simple, with your hearing being conducted in front of a judge without a jury.  Evidence of your violation will be presented by the prosecutor to the judge and the judge will make the final decision regarding your consequences.

At the close of the hearing, the judge should have come to one of three decisions.  It is possible that your probation will be revoked, and you will go to jail for the remainder of your sentence.  It is also possible that the judge will deny the motion altogether and your probation will resume as it was prior to the violation.  It is also possible that the judge may allow you to continue probation but with new limitations, conditions, penalties, and/or terms.

Don’t Leave Your Case to Fate

If you find yourself in violation of your probation, realize just how severe the consequences can be to your life.  Don’t leave your fate in the hands of the court system alone.  Be sure to receive the expertise and assistance of a skilled criminal defense lawyer.  Guarantee the best possible outcome for your violation by contacting legal counsel today!