Legal Question in Criminal Law in Colorado

Violation of probation

I am on probation for 3rd degree assault and I just received another sentence for the same thing within 3 months of each other. I know this is a violation of my probation , I just want to know what to expect from my probation officer. I am curious if the decision to revoke is hers or strictly up to the judge. I also would like to know if the victim has any part in this process also. What is the likelihood that the maximum sentence will be put into effect?


Asked on 9/15/04, 2:23 am

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Violation of probation

If on probation and a new offense comes up, deal with the new offense and the probation at the same time. If it's too late, if the probation is violated, the court will likely give you whatever they originally imposed and suspended. They usually give you a lengthy jail sentence, suspended. Like 180 days jail, suspended upon compliance. That doesn't mean you can't get less, but it does mean you need to deal with both at the same time. Go to trial on the new one if you need to. If you plead gulity with no attention paid to the first offense, you will get jail.

Will the max be imposed? What will be imposed is suspenws

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Answered on 9/15/04, 1:31 pm


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