What You Need to Know About Felony Probation Violation
If you committed a felony probation violation, you’re likely overwhelmed about the potential consequences. An experienced lawyer can help build a defense and reduce the likelihood that your judge will remand you to prison for the violation and/or add further penalties to your sentence.
Two Types of Probation Violations
- You get arrested for a new crime.
If you engage in unlawful behavior while on probation – from something as simple as a petty theft charge to a felony DUI manslaughter charge – you can violate the conditions of your suspended sentence.
- Technical probation violation.
The court will provide a list of obligations for the terms of your release. For instance, you may be asked to take alcohol and drug education classes, serve community service, report regularly to a probation officer, pay fines and fees. If you fail to adhere to one or several of these terms, you will be considered in violation of your probation.
Preponderance of the Evidence
In criminal trials, defendants must be proven guilty “beyond a reasonable doubt” – a very high standard of proof. In probation violation cases, the burden of proof is much lower. Technically, it’s known as “a preponderance of the evidence.” This essentially means that there needs to be just a little greater than 50% likelihood that you violated your probation in order for the judge to rule against you. The judge is the finder of facts in the case, and it’s difficult to appeal a probation violation ruling. Thus, the judge’s opinion is absolutely crucial.
Your Options When Facing Felony Probation Violation In Colorado Springs
In certain cases, you may face stiff penalties, including possibly jail time, no matter how strong your legal defense is. For instance, if you get a felony DUI while on probation, you’re virtually guaranteed a harsh response from the judge.
All that said, the quality of your criminal defense representation can make an enormous difference in your case. If you violated a technical aspect of your probation, failed to appear to court or skipped a few meetings with your probation officer, an experienced defense lawyer can develop powerful response. Contact The Bussey Law Firm, P.C. today to find out how we can help you.