Did you know you can fight a probation revocation and seek reinstatement? Speak with Attorney Margaret Teigen Steele today.

Finding out that the court wants to revoke your probation can be incredibly disheartening. However, you have the right to defend yourself at the revocation hearing with the help of an experienced defense attorney. You may also be eligible to have your probation reinstated if you meet certain terms.

Before you start panicking, contact Attorney Margaret Teigen Steele to discuss your options. Our law firm represents clients across the Englewood, CO, area facing criminal charges and probation revocations, and we can help calm your nerves during this process.

Contact Steele Law Criminal Defense today to learn more.

What Is a Probation Revocation?

Probation revocation occurs when someone on probation violates the conditions that apply to them. The prosecution can introduce a motion to revoke after learning of a violation. This leads to a hearing, where a judge may choose to modify or revoke the probation.

If your probation is revoked, you may be ordered to complete jail or prison time that would have been part of your original sentence. You may also be required to pay fines.

If you are on probation, you may be subject to terms such as:

• • Mandatory check-ins with a probation officer
  • Required alcohol and drug testing
  • Employment or education requirements
  • Travel restrictions

You must also avoid any new crimes or convictions.

Attempting to meet the terms of probation while working full-time or fulfilling duties as a parent can be challenging, and you may have made a time management error that led to the violation. Alternatively, you may be under a lot of stress and simply slipped up as a result.

Our probation revocation attorney can represent you during your hearing and provide clarity on your legal options.

Common Reasons Probation Can Be Revoked

Your probation could be modified or revoked for any technical or non-technical violations. Technical violations involve breaking the rules of probation. Non-technical violations involve committing a new criminal offense, and these are treated more severely by courts.

Common technical violations may include:

• • Missing appointments with a probation officer
  • Failing testing for controlled substances
  • Leaving the jurisdiction without permission
  • Failing to pay fines
  • Violating curfew
  • Failing to complete counseling or community service programs

Technical violations don't always lead to probation revocation, especially if the violation was relatively minor. However, when non-technical violations occur, the court is much more likely to revoke probation. 

Allow Attorney Margaret Teigen Steele to investigate the details of your alleged violation and help you understand the likelihood of maintaining your probation.

Understanding the Revocation Hearing

At your revocation hearing, the judge will review whether you violated the terms of your probation to determine how to proceed. Your probation officer or the prosecution will present evidence of the violations. You have the right to legal counsel at this hearing, and your attorney can present countering evidence, such as witnesses, photos, or documentation.

The standard of proof in revocation hearings is much lower than in criminal trials. The prosecution simply needs to prove a "preponderance of evidence" that a violation occurred, or a 51% likelihood. In contrast, criminal cases need to be proven beyond a reasonable doubt.

If the judge determines that a violation happened, they can choose to take several measures:

• • Modify the terms of your probation, such as enacting stricter supervision conditions or requiring more frequent check-ins
  • Extend the probation period under the same or new terms
  • Impose additional conditions for probation
  • Revoke the probation entirely

If the judge decides to revoke probation, you may be ordered to serve the original jail or prison sentence.

In cases of non-technical violations, the defendant would face both a probation violation hearing and a separate criminal case for the new offense.

Reinstating Probation in Colorado

Probation revocations are not always permanent. Attorney Margaret Teigen Steele can explore your opportunity for probation reinstatement.

Reinstatement may be an option for those accused of a minor technical violation who have otherwise stayed out of trouble after they were arrested. If the court decides to re-grant probation, you would be given a new probation period with the same or new requirements and start over with your probation.

If this route is a viable option for your case, our law firm can help you show the judge, probation officer, and prosecutor that you are not a future threat and that the technical violation was an honest mistake or a one-off event. Taking responsibility for the mistake can help demonstrate that you are serious about meeting your probationary terms and committed to avoiding future errors.

If the violation involved substance use, you may have the option to undergo a treatment program instead of having your probation revoked. Expect your probation officer to closely monitor your activities after a violation.

Seek Legal Counsel for Probation Violations and Revocations

If you are facing a motion to revoke your probation, you may be feeling overwhelmed and stressed. Contacting an attorney as soon as possible can help you begin preparing for your hearing and understand the potential implications of a revocation.

Attorney Margaret Teigen Steele has represented countless clients through probation revocation hearings and the process to reinstate probation. We can help you gain confidence moving forward and rest assured that you are doing everything you can to protect your way of life.

I value building long-term relationships with my clients, and your future success is extremely important to me.

You may picture criminal defense attorneys as confrontational and abrupt. I take a different approach—my focus is on helping you gain peace of mind, knowing your case is in experienced, dedicated hands.