Probation Revocation

Have You Been Charged With Probation Revocation?

Probation revocation in Colorado refers to a legal process where the court determines that an individual on probation has violated the terms of their probation agreement, leading to the possibility of the original suspended sentence being imposed or other penalties.

Probation is a sentencing alternative to incarceration, allowing individuals convicted of crimes to live in the community under specified conditions. However, this status is contingent upon adherence to these conditions, and failure to comply can result in probation revocation.

Grounds for Probation Revocation

Probation revocation proceedings in Colorado can be initiated for several reasons, including, but not limited to:

  • Failure to appear at scheduled court hearings or probation meetings.
  • Failure to comply with the conditions of probation, such as substance abuse treatment programs or community service requirements.
  • Commission of new crimes while on probation.
  • Failure to pay fines, restitution, or other financial obligations as ordered by the court.

The Probation Revocation Process

  1. Violation Report: The process typically begins when a probation officer files a violation report with the court, detailing the alleged failures or new offenses committed by the probationer.
  2. Arrest and Detention: Depending on the severity of the alleged violation, a warrant may be issued for the probationer’s arrest. The individual may be detained in jail pending a revocation hearing.
  3. Revocation Hearing: The probationer is entitled to a revocation hearing before a judge, where the state must prove by a preponderance of the evidence that the probationer violated the terms of probation. This is a lower standard of proof compared to “beyond a reasonable doubt” required in criminal trials.
  4. Rights of the Probationer: At the revocation hearing, the probationer has certain rights, including the right to be represented by an attorney, the right to present evidence and witnesses, and the right to cross-examine witnesses presented by the state.
  5. Judicial Determination: After considering the evidence, the judge will make a determination. If the judge finds that the probationer did not violate probation, the probation will continue under its original terms. If a violation is found, the judge has several options.

Possible Outcomes of Probation Revocation

If the court finds that a probation violation has occurred, it has several options, including:

  • Continuing Probation: The court may allow the probationer to continue on probation, possibly with modified or additional conditions.
  • Revocation and Imposition of Sentence: The court may revoke probation and impose the original jail or prison sentence that was suspended at the time of probation sentencing.
  • Alternative Sanctions: The court may opt for alternative sanctions, such as extending the probation period, ordering additional community service, or requiring participation in treatment programs.

Legal Implications

Probation revocation can have significant legal and personal implications for the individual. It may lead to incarceration and have lasting effects on employment, housing, and other aspects of life. Given the stakes, individuals facing probation revocation proceedings in Colorado are advised to seek legal representation to navigate the complexities of the process and to advocate for their interests effectively.

Do You Need A Probation Revocation Lawyer?

Probation revocation in Colorado is a serious matter with potential for significant consequences, including incarceration – jail time.

The process is designed to ensure that violations of probation terms are addressed within a legal framework that respects the rights of the probationer while upholding the interests of justice and public safety. Understanding the conditions of probation and adhering to them is crucial for individuals on probation to avoid the risks associated with probation revocation.

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{Shimon enabled me to find a path for recovery from addiction and the recovery of my life as I now know it. I gave him as many reasons as possible to give up on me and he continued to fight. I owe a great deal of gratitude to Shimon as an attorney and as a human being, he is compassionate, professional and as real as they come in the legal system. I stood to lose my life as a habitual criminal and I trusted Shimon as to what I should do and he helped lead me out of one of the darkest times of my life. I was facing 32 mandatory years for drugs and Shimon negotiated me down to 6 years probation and treatment that has changed my life. I would insist anyone who needs to hire an attorney, this is the only man I would ever recommend. Thank you Shimon.

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RoyalGorgeParanormal

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Shimon Kohn is the attorney to call when you need the best criminal defense lawyer. I will never have enough words to express my gratitude to him for how he helped my family. He was available to answer questions honestly and reassuringly within a reasonable timeframe.
He exeplified professionalism, compassion and expertise. His professional and personal relationship with the district attorney's office is unparalleled in this community. Shimon is definitely to whom I will refer anyone and everyone who requires legal services.

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{It is difficult to find truly ethical people who care in this money driven industry. Shimon handled my case quickly and ethically and was able to work within the confusing legal system to get the desired and justified outcome. I would highly recommend Mr Kohn to anyone who needs a strong legal defense and wise counsel. He not only laid out the details of my case well, he took the time to sit with me and explain when his services would NOT be useful. He was an ally in the courtroom and been a great resource outside the courtroom. Donny C.

Donny C.

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{Shimon was assigned to my cases when there were many conflicts. He became the gateway to being heard on my case. Of course I had guilt to some degree, but Shimon stood up & fought for reasonable consequence. He was thorough with organization, facts, and persistent with the DA. The respect I was given during my time of incarceration to assure I wasn’t left in the dark, is absolutely the best I’d experienced. I have, and will always recommend Shimon & his law firm for their accountability, their desire to make you feel like you’re heard/personable, attention to detail and respectable reputation! What is right is right and what is wrong is wrong, but the fairness and overall justice with Kohn Law Firm is highly recommended!

Courtney Goode

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Julian was a pleasure to meet, and work with.  What initially drew me to his counsel was his enthusiasm at working with my case, comprehensively,  and with my best interests not only in mind, but in heart as well. Like many, my financial situation was greatly impacted during 2020, and they were willing to set up amicable payment options that catered well to my specific needs at the time, which greatly helped. I would strongly recommend of course Julian,  as well as the firm as a whole,  as my experience was highly professional,  and thorough.

Roger Stacy

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We heard from Shimon through a family member and decided to go with him for our case which was a felony. He gave it to me straight and never promised a deal. the DA was being very agressive and wouldn’t lower the charges but nonetheless Shimon kept the pressure on them and we got the case dismissed! Obviously it’s not a guarantee he can do the same for anyone else but let me tell you this is the best lawyer in the springs he will fight tooth and nail and not try to feed you BS. I do not wish to ever have any more legal trouble but if we ever do find ourselves in a bind Shimon is the only lawyer we will ever need. I would highly suggest to anyone else if you want to sleep well at night hire this man! Thanks Shimon! You are definitely worth every penny!

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