Legal Question in Criminal Law in Colorado
Did I violate my probation?
If my friend was arrested in Colorado, and is to be off probation in Wyoming a few days before the court date for the CO arrest, did she violate probation?
2 Answers from Attorneys
Re: Did I violate my probation?
Yes. A standard condition of probation is that the probationer not commit another crime during the term of probation. To do so is a violation which could result in revocation. The date of the new crime controls, not the court appearances.
Re: Did I violate my probation?
You may have if you are found guilty of the new charge. It depends on the level of charge and the specifics of what your probation conditions are. But, typically, if you are convicted of a criminal offense (rather than a minor speeding ticket or parking ticket) that occured while you were on probation, then you violated probation.
The prosecution on the probation case must file a motion to revoke probation and you have a right to a hearing. If they do not file to revoke probation within a certain amount of time after probation is supposed to end, then you get a free pass.
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