Probation is often seen as a second chance—an alternative to jail or prison time. But in Denver, violating the terms of your probation can quickly turn that opportunity into a serious legal problem. If you’ve been accused of a probation violation, it’s important to understand what’s at stake, how the process works, and why speaking with a qualified Denver criminal lawyer can make a major difference in your outcome.
What Is Probation?
In Colorado, probation allows a person convicted of a crime to remain in the community instead of serving time in jail or prison. It’s not a “get out of jail free” card. Probation comes with strict rules, which may include:
- Regular meetings with a probation officer
- Drug and alcohol testing
- No new criminal offenses
- Travel restrictions
- Community service
- Mandatory counseling or treatment programs
- Payment of fines or restitution
There are two main types of probation in Denver: supervised probation (with regular monitoring) and unsupervised probation (with fewer restrictions). Failing to follow any condition of your probation can trigger a violation.
Common Ways Probation Is Violated
Probation violations can be either technical (breaking the rules) or substantive (committing a new crime). Some of the most common violations include:
- Missing appointments with your probation officer
- Failing a drug or alcohol test
- Not completing community service
- Failing to pay fines or restitution
- Being arrested for a new offense
- Leaving the state without permission
- Skipping court-ordered treatment or classes
Even what seems like a small misstep—like showing up late to a meeting—can be considered a violation if it breaks the terms of your probation agreement.
What Happens After a Probation Violation?
If your probation officer believes you violated the terms, they will typically file a Complaint for Revocation of Probation with the court. This initiates a legal process that includes:
1. Arrest or Summons
You may be arrested on a warrant or receive a summons to appear in court for a probation violation hearing.
2. Revocation Hearing
At this hearing, the judge will determine whether a violation occurred. Unlike a criminal trial, the prosecution doesn’t have to prove the violation “beyond a reasonable doubt.” Instead, the burden of proof is “by a preponderance of the evidence,” meaning it’s more likely than not that you violated probation.
You have the right to be represented by a Denver criminal lawyer, present evidence, and call witnesses on your behalf.
3. The Judge’s Decision
If the court finds that a violation occurred, the judge has wide discretion in how to respond. Possible outcomes include:
- Reinstating probation with no changes
- Modifying the terms (e.g., stricter rules, more supervision)
- Extending the probation period
- Revoking probation and sentencing you to jail or prison
Will You Go to Jail for a Probation Violation?
Not necessarily—but it’s a real risk. Whether you’ll face incarceration depends on the nature of the violation, your criminal history, your performance on probation up to that point, and how persuasive your defense is at the hearing.
For example, a failed drug test might lead to increased treatment requirements or stricter monitoring, while getting arrested for a violent offense while on probation could result in immediate revocation and jail time.
Having a skilled Denver criminal lawyer by your side during this process can significantly reduce your chances of incarceration. Your attorney can argue for leniency, demonstrate your willingness to comply moving forward, and help present mitigating circumstances.
How a Denver Criminal Lawyer Can Help
Probation violations are not minor matters. Once a revocation complaint is filed, your freedom and future are on the line. A knowledgeable Denver criminal lawyer can help you:
- Review the allegations against you and develop a defense strategy
- Negotiate with your probation officer or the prosecution to resolve the issue without a full hearing
- Represent you at the revocation hearing to advocate for the least severe outcome
- Present mitigating evidence like employment, family responsibilities, health issues, or attempts to comply
- Challenge the evidence if there’s a factual dispute (e.g., a false positive drug test or mistaken identity)
An experienced attorney understands how Denver courts handle these cases and can help you avoid unnecessary penalties.
Can Probation Be Reinstated?
Yes, the judge has the option to reinstate probation, especially if it’s a first-time violation or a relatively minor offense. In some cases, the court may modify the conditions—such as adding more drug testing or requiring additional community service—but still allow you to remain out of custody.
Demonstrating that you are committed to compliance and that the violation was isolated or unintentional can go a long way. A compelling legal defense and a proactive plan to get back on track can be key in convincing the court to give you another chance.
What If You’re Facing a New Charge While on Probation?
Getting charged with a new crime while on probation is considered a substantive violation and is typically treated more seriously. Even if the new charge hasn’t been resolved yet, the court can revoke your probation based on probable cause that the offense occurred.
This situation is especially complex, and you’ll need a Denver criminal lawyer who can handle both the new charge and the probation violation case together. Strategically managing both cases can prevent overlapping penalties and reduce the risk of extended jail time.
Take Action Early
If you know or suspect that you’ve violated your probation—even before an arrest or summons—it’s in your best interest to talk to a criminal defense attorney right away. Taking early action can sometimes prevent a formal violation from being filed. Your attorney may be able to negotiate a resolution with your probation officer, such as completing missed requirements voluntarily.
Don’t wait for the court date to seek help. The earlier you get a legal advocate involved, the better your chances of protecting your freedom.
Talk to a Denver Criminal Lawyer Today
At Baker Law Group, our team understands the high stakes involved in probation violations. We’ve helped countless clients throughout Denver and Colorado defend against revocation and keep their lives on track. Whether you missed a check-in or were arrested on new charges, we’re here to fight for your rights and minimize the impact on your future.
Contact our office today to speak with a seasoned Denver criminal lawyer about your case. We’ll give you honest advice, a clear plan of action, and the strong representation you need in court.