A probation revocation hearing in court for DWAI and DUI offenses in Colorado is usually based on a new violation of a law or a “technical violation.” For a new law violation, the person on probation has been charged with or convicted of a new offense during their probation. A sentence of probation for any offense in Colorado, including DUI, has conditions, which include not being charged with any new criminal offenses during the probation term.
However, it’s important to keep in mind that a new violation has to be proven. In many cases, the officer will file a probation revocation complaint as soon as they simply hear the person on probation has been charged with something criminal. When this happens, the court is supposed to hold the complaint until the new law violation case has been handled. If you are on probation for DUI and have a probation revocation complaint over a new offense, do not “admit” to the allegation in the complaint while your new violation case is still ongoing. Contact a DUI lawyer, like a DUI lawyer in Denver, CO, for help immediately in this situation.
The other reason for probation revocation – the technical violation – includes things such as not complying with the terms of monitored sobriety, missing check-ins or appointments with your probation officer, not taking required alcohol education or dependency classes, leaving Colorado without having permission, not doing all the community service hours, or paying costs and fees. Unlike a new law violation, the proof requirement for technical violations is lower.
If Your Probation Is Being Revoked
Should you be facing a probation revocation hearing, you do have rights to keep in mind. You may be able to be released on bond, and you have the right to remain silent, the right to know what the alleged violations are, and the right to a DUI lawyer in Denver, CO. Probation violation proceedings tend to move quickly, especially if the person on probation was arrested and then released on bond. The court may request you deny or admit to the allegation in the complaint as soon as you return to court after posting bond, which doesn’t leave a lot of time for your attorney to investigate and prepare.
If you admit to an allegation in a probation revocation appearance after you’ve returned on bond, you will likely be sentenced the same day. If you deny the allegation, the matter will go to a hearing, where you have the right to assert a defense.
Being charged with a probation violation is a serious matter, so it’s wise to have experienced legal help on your side. You could be re-sentenced to probation with tougher terms – designed to act as punishment – or find yourself in jail since the court will be able to impose a sentence that was applicable to the offense you are on probation for. Even if you receive probation again, the old one will be revoked and a new one will be granted, which may mean more time on probation.
Thanks to the law office of Richard J. Banta, P.C., for their insight into what to expect at a DUI probation revocation hearing.