Probation in Colorado offers an alternative to jail or prison, but it comes with strict conditions. Many people assume that avoiding new arrests is sufficient to maintain good standing. Unfortunately, it’s not that simple. Even minor violations of your probation requirements – like missing an appointment, skipping a drug test, or falling behind on court-ordered classes – can trigger serious legal consequences.
If you’re facing a possible violation, it’s essential to understand what might happen next and why speaking with a lawyer for violation of probation should be your first step.
1. You could be arrested on a no-bond warrant.
When a probation officer believes you’ve broken the terms of your supervision, they can file a Motion to Revoke Probation. Once filed, the judge often issues a warrant for your arrest. In many cases, this is a no-bond warrant, which means you may be taken into custody and held until a court date is scheduled.
Under Colorado Revised Statutes § 16-11-205, the court has the authority to order a probationer’s arrest at any time for suspected noncompliance. Unlike new criminal charges, this doesn’t require a new arrest or conviction – just a report from your probation officer. Having an experienced attorney for probation violation can help you challenge the allegations and possibly avoid detention.
2. You may be sentenced to the original jail or prison term.
One of the biggest risks of violating probation is that the court can revoke your supervision entirely and impose the original sentence. For example, if your plea deal included a two-year suspended jail term in exchange for probation, the court can now impose that sentence. This applies to both misdemeanor and felony cases.
This outcome is common when someone is on probation after accepting a deferred sentence or a plea agreement with a suspended sentence. Once revoked, you lose the benefit of probation, and the court no longer has to honor the leniency originally granted. Working with the best probation violation lawyer may give you the chance to negotiate a reinstatement instead of incarceration.
3. You could be charged with additional crimes.
Sometimes, the behavior that violates probation also results in new criminal charges being filed. A failed drug test may lead to a possession charge. Failing to report to a halfway house or leaving the state without permission may lead to separate charges related to escape or tampering.
According to C.R.S. § 18-8-208.1, unauthorized departure from a residential facility or community corrections program can lead to felony charges for escape, even if you were sentenced initially on a low-level offense. Attorneys for probation violations often defend clients against both the original probation issue and any resulting charges, which can quickly complicate the case.
4. Future leniency may be taken off the table.
Courts generally view probation as a second chance. If that opportunity is compromised, even for what seems like a minor mistake, judges may lose confidence in offering alternatives to incarceration. That can have long-term consequences on how judges view future legal matters in which you are involved.
Even if your current violation doesn’t lead to incarceration, it may affect the outcome of other cases down the line. If you’re ever charged again, the judge will have access to your probation history and may be less willing to grant bond, offer diversion, or approve treatment-based sentencing. Hiring the best lawyer for probation violation gives you a better chance of protecting your record for future proceedings.
5. Your probation could be extended or made more restrictive.
Probation doesn’t have to be revoked entirely. In some cases, the court will modify your terms instead. That might sound like a win, but the new terms are usually more stringent. You could face more frequent drug testing, GPS monitoring, additional classes, stricter curfews, or an extended probation timeline.
Under C.R.S. § 16-11-206, Colorado judges can modify probation conditions after a violation. That means even if you avoid jail, your day-to-day life may become more restricted and your supervision extended. A probation lawyer in Colorado can help advocate for minimal changes and argue for reinstatement of your original terms.
Accused of a Probation Violation? Work With a Lawyer Immediately.
Being accused of violating probation can put your future at risk, even if the alleged offense seems small. Colorado courts take these matters seriously, and failing to respond promptly can result in arrest, imprisonment, and additional penalties. The sooner you contact a probation violation defense law firm, the better your chances of minimizing the damage.
At Suro Law, we understand how stressful probation issues can be. Whether you’re facing your first technical violation or a more serious allegation, we’re here to guide you through the process. As a Denver probation violation lawyer with experience across local court systems, attorney David Suro knows how to negotiate with probation officers and advocate for second chances.
If you’ve received a notice of violation or think you may have violated your terms, don’t wait for a court date to get help. Contact an experienced probation attorney to discuss your options and protect your freedom. The best lawyer for probation violation will not only fight for your rights but also work toward a resolution that allows you to move forward.
