Legal Question in Criminal Law in Colorado

Re: Dv probation violation

In a probation revocation action, where a newly charged offense is used to support the revo, charges of the new offense must trail the second offense. Probation can then only be violated if you: (a) � plead guily or, (b) are found guilty beyond a reasonable doubt.

Re: Dv probation violation

There are due process requirements that you go in front of the court to be advised of the complaint. If the only issue is the new case, then you can ask the violation to trail the new case. The court should allow this. If not, then the probation violation must be proved beyond a reasonable doubt as to the new charge.

I would get an attorney to help. Likely to save lots of jail time even with a plea.

Re: Dv probation violation

The typical processis that the probation violation will follow the new case if the only probation violations are based on the same exact facts that are the basis for the new charge. If you go to trial and win the new case, the old case gets dismissed. If you lose or plead guilty to anything in the new case, then in the old case the probation gets revoked and you get sentenced on both cases. Good luck.