Probation Violation Defense in Colorado
Too often we get calls from people that are being violated by their probation officer and now they need to find a probation violation defense attorney in Denver. Don’t take your probation officer and the violation itself lightly. Probation officers are master manipulators; they tell you what you want to hear to your face and something entirely different to the judge. We are Arapahoe probation violation lawyers who have fought probation officers in Douglas, Adams, Jefferson, Boulder and many other county courts and won. There are certain rights you have if your probation officer files to revoke your probation in Colorado, and at Shazam Kianpour & Associates, we have criminal defense lawyers that know how to fight for these rights.
Probation violations could land you in jail if they are not handled correctly. When your freedom is at stake, don’t take chances — contact Shazam Kianpour & Associates, P.C.
Failed Drug Test Defense
Whether you failed a drug test or went out of town without the permission of your probation officer, having an attorney to act as an intermediary between you and the district attorney’s office can mean the difference between jail and another chance. The first step in avoiding a bad outcome is to rehabilitate and comply with the terms of your probation immediately. If you feel that you have been cited with a violation unfairly, you do have a right to a hearing in front of a judge. However, these hearings are based on a “preponderance” standard, meaning that the DA only has to establish that you are more than likely (51 percent) guilty.
My Probation Officer Is Revoking Me. What Are My Rights?
Well, first and foremost, you have a right to a hearing within 15 days. If you have been put in jail on a no-bond hold, or if you just cannot afford to post your bail, you should not waive your right to a hearing until you have spoken to us and made sure you know what is happening. If your loved one is in jail and you want a probation violation defense attorney to go and speak with him or her, we can do it for a nominal fee.
Secondly, you have a right to see what your probation officer has written about you in his or her file and to make the probation officer testify under oath so that your criminal lawyer can cross-examine him or her about how you have performed on probation. We see a lot of officers write outrageous reports about our clients but then when we force them to take the stand and testify, they downplay their claims that you screwed up everything and they start backpedaling, or change their story when they are under oath.
Third, even if you got a “Hot UA” or missed a couple of appointments, all is not lost. Most judges look to see if you have been mostly compliant with your requirements (this is called “substantial compliance” and is a tricky subject). Some probation officers ask way too much of their probationers and they know you cannot finish it all because you don’t have enough money for classes, or because you could not get out of work in time to come and take your drug test. If what your probation officer asks of you is unreasonable or unrealistic, we can complain to the court and ask the judge to modify your requirements.
Know your rights by calling Shazam Kianpour at 303-578-4036. We are probation violation defense attorneys in Denver County, Jefferson County, Douglas County, Adams County and all over the state of Colorado. We will make sure that you know your rights, and we will fight for the judge and the prosecutor to see that you are trying your very best.
What Are the Different Types of Probation Violations in Colorado?
There are two basic ways your probation can be violated: the first is due to “technical” violations; the second is due to “substantive” violations. Technical violations are violations like missing an appointment, not finishing classes or community service, or testing positive on a drug or alcohol test. Even though they are called technical violations, they are very serious and can land you in jail or prison just as easily as a substantive violation. Remember, generally you are seen as “noncompliant” by the court if even one requirement on your probation list is not finished.
The second kind of violation is called a substantive violation, where your probation officer says that you should be violated or revoked on probation in Colorado because you “caught a new criminal case.” These types of violations are considered more serious because not only do you have to face the penalties of the case you were on probation for, but you also may have more penalties due to the new case that you were just charged with.
The key to substantive violations is that if the state wants to revoke your probation on the old case, it has to prove you guilty “beyond a reasonable doubt” on the new case. We understand that this can get very confusing, and we ask you to protect your rights by calling a qualified probation violation attorney in Denver today. Call us at 303-578-4036 to get a free consultation and discuss how to defend your probation violation right away!
What Does the District Attorney or My PO Have to Do to Prove Me Guilty of a Probation Violation?
The most common way for the state to show you have violated your probation in Colorado is to go to hearing on the case. Most judges will believe your probation officer’s testimony over your testimony. You do not have a right to a jury on a probation violation hearing in Colorado. In order to prove that your probation should be revoked on this first kind of technical violation, the state needs to show that you violated conditions set by the court or by your PO and that you could have complied if you had actually tried harder.
The second way to violate you is to prove you guilty of the new crime that you were charged with. Proving you guilty of the new crime is a “violation by operation of law.” These are very confusing legal terms even to some lawyers, but not to us.
At Shazam Kianpour & Associates, we have successfully defended probation violations in Gilpin County, Adams County, Arapahoe County and many other counties in Colorado. Some of the probation violations we have defended are:
- Violation of sex offender probation in Arapahoe County
- Violation of DUI probation in Denver County
- Violation of assault probation in Jefferson County
- Violation of theft probation in Weld County
- Violation of domestic violence probation in Douglas County
- Violation of burglary probation in Adams County
- Violation of Intensive Supervision Probation (ISP) in Larimer County
- Violation of child abuse probation in Broomfield County
The list goes on and on. With over 20 combined years of experience, our law firm has defended nearly every conceivable probation violation all over Colorado. We have helped our clients show that they have been trying their best, and oftentimes the judge allows our clients to have their probation reinstated with no additional jail time.
The Beginning of the Solution
We care for you, and we take pride in our hard work. Let us prove to you why we are considered some of the premier probation violation defense lawyers in the state. E-mail or call us today and we will walk you through the steps and describe and explain all the legal language to you so you can be sure your rights are not violated. Call Shazam today at 303-578-4036!