Probation Revocation in Colorado: What Happens After an Alleged Violation?

Being accused of violating probation can be frightening, especially if you hear that a warrant may be issued or that you could be taken into custody. But an alleged violation does not automatically mean probation will be revoked or that you will be sent to jail or prison. The court must address the allegation and decide what happens next.

How a probation violation case starts

Probation conditions vary from case to case. They may include reporting to a probation officer, completing treatment, avoiding new criminal charges, following testing requirements, or paying restitution and other court-ordered amounts. If probation believes a condition was violated, the matter may be brought back to court.

Colorado law generally calls for a probation officer to issue a summons to appear. A warrant may be requested when there is reason to believe the person will not appear, will interfere with the case, or poses a substantial risk of serious harm to another person. A judge may also issue a warrant when the legal requirements are met.

In my experience, warrants are often used in sex offense matters and some other felony cases. A warrant may be issued without a bond amount, which can mean the person remains in custody until a judge considers release.

Can I get bond on a probation revocation warrant?

Colorado law says an arrested probationer may be admitted to bail while awaiting a revocation hearing. But bond is not automatic. The Colorado Court of Appeals has held that a person facing a probation revocation does not have an absolute right to bond while the revocation matter is pending. The judge may grant bond, but is not required to do so.

This differs from many cases involving a new, pretrial criminal charge, where a person generally has a right to bail if the charge is bailable. A probation revocation is connected to a conviction and sentence that already exist. If the warrant has no bond set, a lawyer can ask the court to consider release.

When must the revocation hearing happen if I’m in custody?

If you are in custody, Colorado law generally requires the probation revocation hearing to be held within 14 days after the complaint is filed. The court may allow more time if you request or agree to a delay, or if the court finds other good cause. The 14-day period runs from the filing of the complaint; it is not necessarily 14 days from the date of arrest.

What happens at a revocation hearing?

At the hearing, the court explains the alleged violations and the possible consequences. There is no jury trial in a probation revocation proceeding. The judge decides whether the alleged violation has been proved.

For most probation violations, the prosecution must prove the violation by a

preponderance of the evidence—that it is more likely than not that the violation

occurred. If the alleged violation is a new criminal offense, the prosecution generally must prove that offense beyond a reasonable doubt unless the person has already been convicted of it. The court may postpone the revocation hearing while a related criminal case is pending.

What can the judge do?

If the judge finds a violation, the judge can continue probation or revoke it. If probation is revoked, Colorado law allows the court to impose a sentence that could have been imposed for the original offense, or to grant probation again. Depending on the case, possible outcomes can include continued or modified probation, community corrections, jail, or prison.

An allegation that someone failed to pay court-ordered amounts raises additional legal questions. Before revoking probation or imposing jail for nonpayment, the court must address the person’s ability to pay and whether they made a good-faith effort to comply.

What should I do if I’m accused of violating probation?

Take a summons or warrant seriously. Keep documents, messages, treatment records, payment information, and other records that may relate to the allegation. Before discussing the allegation with probation or appearing in court, speak with a defense attorney about the specific claim, the possibility of a warrant or bond, and the options for responding.

If you are facing a probation violation in Colorado Springs or El Paso County, contact Ted McClintock at 719-520-3968 or visit coloradocriminaldefense.com⁠.

This article provides general information about Colorado law and is not legal advice for a specific case.