Legal Question in Criminal Law in Colorado

I am currently on probation for DV and have been since december of last year. I have been on time with all payments to the court for probation. I have also attended 22 DV classes and 7 parenting classes without missing a single one. That being said here's the bad part..... I was pulled over and found that my license was denied due to non payment of a fine a couple months ago. I have since payed the fine and gotten my license reinstated. Unfortunately I completely spaced the court date and missed it. It was today.... Is this going to violate my probation? What should I do?


Asked on 5/27/10, 6:53 pm

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

I traditionally argue that an FTA (failure to appear) is not a new crime and does not violate condition 1 of your probation. Practically speaking, you need to approach the division (call, don't go physically, or you will be arrested), move to quash the bench warrant for your arrest, set the matter for a coming date, and attend court on that date.

Under the constitutional presumption of innocence, your probation cannot be violated until there is a conviction of a new crime. Under Colorado statute, your probation cannot be revoked until there is a hearing on the violation. Notions of Due Process (constitutional, statutory, state and federal) require that you be present at any revocation proceeding. By failing to appear at the last court date, you actually prevented the court from giving you the process that is due to you.

Due process, the presumption of innocence and statutory requirements all work in your favor. Use them (if you know how) OR hire a lawyer who knows the ins and outs of probation.

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Answered on 5/28/10, 8:26 am


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