Understanding Probation Violations in Summit County
If you broke probation, you could be facing serious consequences. You’ll want to contact a lawyer right away to protect your freedom.
Kylie Whitaker and Ehren Penix are criminal defense attorneys in Breckenridge. At Whitaker & Penix, LLC, we’ve helped countless clients deal with probation violations in Summit County.
What Is Probation?
Probation is a court-ordered alternative to incarceration. Instead of serving your sentence behind bars, you’re allowed to remain in the community as long as you follow your probation terms. Probation can be supervised or unsupervised, depending on the severity of the offense and your criminal history.
In Summit County, probation is typically supervised by the Colorado Judicial Branch’s Probation Department, which assigns a probation officer to monitor compliance and report any concerns to the court.
Common Probation Terms in Summit County
While every case is different, most probation agreements include conditions such as:
- Regular check-ins with your probation officer
- Random drug or alcohol testing
- Completion of community service hours
- Attendance at classes (DUI education, anger management, theft awareness, etc.)
- Payment of fines, fees, or restitution
- Staying employed or in school
- No new criminal activity
- Restrictions on travel or associations
- Obeying all protective orders
What Counts as a Probation Violation?
A probation violation occurs when you fail to comply with any condition of your probation agreement. Some violations are more serious than others, but any one violation can result in court action.
Examples of probation violations include:
- Failing to appear for a scheduled court date or probation meeting
- Testing positive for drugs or alcohol
- Getting arrested or charged with a new crime
- Not completing community service or mandatory classes
- Failing to pay restitution or court fees
- Leaving the county or state without permission
- Ignoring a protective order or no-contact order
Whether the violation was deliberate or accidental, it’s taken seriously by the court. But not all violations lead to jail time. With the right legal approach, you may be able to resolve the issue without incurring additional penalties.
Legal Penalties for Probation Violations in Colorado
When you violate probation, the consequences can vary based on the nature of the violation, your underlying offense, and your overall compliance history. Potential legal penalties include:
- Verbal warning from your probation officer
- Modification of probation terms (e.g., increased supervision or added conditions)
- Extension of the probation period
- Additional community service
- Mandatory treatment programs
- Jail or prison time
- Revocation of probation and reinstatement of original sentence
In serious cases such as new felony charges or repeated violations, the court may revoke your probation entirely, which could lead to serving your full sentence behind bars.
The Court Hearing Process
If your probation officer reports a violation, the court will likely schedule a revocation hearing. Here’s how that process typically works in Summit County:
Probation Violation Report
Your probation officer submits a formal complaint to the court, detailing the alleged violation.
Summons or Arrest Warrant
You may receive a court summons, or in more serious cases, you could be arrested and held until your hearing.
Probation Violation Hearing
At the hearing, the prosecutor must show that you violated your probation by demonstrating a preponderance of the evidence. This is a lower standard than beyond a reasonable doubt, which is required for a criminal conviction. This means the judge only needs to believe it’s more likely than not that the violation occurred to impose criminal penalties.
Possible Outcomes
After hearing arguments from the prosecutor and your defense attorney, the judge may:
- Dismiss the violation
- Continue your probation unchanged
- Modify your probation conditions
- Revoke your probation and impose additional penalties
Defense Strategies That Can Make a Difference
If you’ve been accused of a probation violation, you still have options.
Lack of Willful Violation
We may argue that you didn’t intentionally violate probation. This can be an effective strategy if the violation stemmed from miscommunication, illness, transportation issues, or confusion about the terms of probation.
Substantial Compliance
If you’ve otherwise been compliant with your probation terms, we can present your record of good behavior to show that one misstep shouldn’t outweigh your progress.
Invalid Drug Test Results
Drug and alcohol testing can be unreliable. We may challenge the method, timing, or chain of custody for your test to cast doubt on the violation.
Insufficient Evidence
Probation officers may make mistakes or submit vague reports. We’ll ensure that the prosecution meets its burden of proof and that your rights are fully protected.
Alternative Sanctions
Even if a violation occurred, we can negotiate for alternatives like treatment programs, extended probation, or increased supervision rather than jail time.
Why Legal Representation Matters
Probation violation hearings are less formal than criminal trials, but the consequences are just as real. Judges have wide discretion, and what happens at your hearing can drastically affect your future.
At Whitaker & Penix, LLC, we:
- Examine every detail of the alleged violation
- Identify weaknesses in the prosecution’s case
- Present mitigating evidence on your behalf
- Negotiate with the district attorney for favorable outcomes
- Fight for your freedom in court
Kylie Whitaker and Ehren Penix both have experience working as criminal prosecutors, and are very familiar with local courts. Kylie has been recognized as a Rising Star by Super Lawyers, and Whitaker & Penix, LLC proudly holds an A+ rating from the Better Business Bureau.
What to Do If You’re Facing a Probation Violation
If you’re under investigation or have already been cited for a probation violation, take the following steps right away:
- Do not ignore the summons or warrant. Missing a court date will make things worse. Contact a lawyer right away.
- Gather documentation. Save texts, emails, receipts, or medical records that may support your version of events.
- Avoid further violations. Stay clean, keep in contact with your probation officer, and follow all other terms closely.
- Contact Whitaker & Penix, LLC. The sooner we get involved, the better we can prepare your case.
Speak With a Trusted Criminal Defense Lawyer in Summit County
Whitaker & Penix, LLC provides reliable defense for clients facing parole violations in Summit County and the surrounding areas. Our attorneys take the time to listen, investigate the circumstances, and challenge the allegations against you.
Call (970) 368-0602 for a free consultation today.