Colorado Springs Probation Violation Attorney
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Garnering a probationary sentence instead of serving time in jail or state prison is often considered a victory in criminal defense cases. However, many defendants do not realize that violating probation can occur rather innocuously and sometimes without knowledge. Regardless if the perceived offender was aware of the potential offense, Violations of Probation (VOP) can result in significant and strict penalties.
At Damascus Road Law Group, our lead attorney, Alexander Berry, is an experienced Colorado Springs criminal lawyer who is well-versed in the nuances of a probation violation hearing. He is a staunch defender of our client's rights and freedoms and can provide the assertive advocacy and strategic legal insight you need during your own proceedings.
Technical Violations of Probation
Violations of probation occur whenever an individual neglects to fulfill obligations set forth by either the courts or probation officer. Whether these failures to comply are willful or the result of a simple misunderstanding, they are dealt with harshly by the criminal court system.
Technical violations can include:
- Failure to report
- Failure to pay restitution or other assigned costs
- Failure to take specified classes
What is the difference between Parole and Probation?
In many cases, probation is used prior to or instead of incarceration, which means the offender will simply spend time on probation right away, rather than going to jail at all. Though they may spend a short sentence (such as a day or two) in jail, their main punishment will be served through probation. When a person is on probation, they must adhere to certain provisions and terms or else they will have to face the alternative of incarceration.
Consequence of Probation Violations in Colorado Springs
State law views probation as a privilege and takes a harsh view on individuals who defy its provisions. A VOP hearing is overseen by a judge, without a jury. The prosecutor's burden of proof is based on a "preponderance of evidence" rather than the "beyond the reasonable doubt" measurement employed at the defendant's original trial.
Essentially, if the judge is convinced that the probationer most likely committed the violation, he or she will be found guilty. Additionally, an individual found guilty at a VOP hearing will be subject to the penalties applicable to the originally presented charges, not ones negotiated through any previous plea bargaining.
Attorney Berry is keenly aware of the significant ramifications of a VOP conviction. He can provide the zealous and formidable advocacy you need to safeguard your liberties.
New Case Violations
If you are facing a probation revocation due to new criminal charges, it is crucial that you obtain highly adept legal representation immediately! While your probation may not be revoked unless you are convicted of the new allegations, a guilty verdict in can have a substantial impact on the terms of your freedom. Conviction of any new charges can leave you subject to incarceration and other strict penalties.
Safeguard Your Freedom - Call Us at (719) 354-2052!
If you are accused of a Violation of Probation, you are teetering between continued freedom and a lengthy prison sentence. Obtaining aggressive legal counsel to safeguard your freedom is one of your best defenses at this time.
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