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- Colorado Criminal Defense Lawyers – Why Hiring A Good One Makes Sense
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- Understanding Colorado’s Felony DUI Law – Effective Date – August 5, 2015
- Colorado Criminal Law – Understanding Hit And Run Cases – 42-6-1601, 14-6-1603
- Colorado Criminal Law – Know Your Rights – Remain Silent – Remain Silent – Remain Silent
- Colorado Criminal Law Guide – Searches Of Your Car – Your Right To Refuse
- Understanding The Colorado Law Of Careless Driving 42-4-1402 – Bodily Injury Or Death
- Understanding The Elusive Wet Reckless Plea Bargain In Colorado DUI Cases
- Colorado DUI Criminal Law – Huffing And DUID Cases – “Duster” And “Dust-Off”
- To Understand Colorado DUI – DWAI – DUID Probation Sentencing – First Read The Law
- Colorado Criminal Law – Am I Safe To Sit In My Car – Police Intrusion Issues
- A Guide To The DMV Side Of Colorado DUI Cases Part I Of IV
- Meeting With Your Colorado DUI-DWAI-DUID Lawyer For The First Time
- A Colorado Comprehensive DUI – DWAI Penalties Sentencing Chart
- Colorado DUI – DWAI Refusals – Defense Tactics – The Decision to Refuse To Blow – Breathalyzer and Blood Test
- Colorado DUI Probation Violations – Why Time Is Of The Essence
- Expungement – Sealing DUI Charges In Colorado – Traffic Charges Such As DUI – DWAI’s Can Never Be Sealed or Expunged
- Marijuana Drug Driving In Colorado and the DUID Law
- Colorado First Time DUI – DWAI
- Colorado Rules For Obtaining A Driver’s License When Out of State Suspension – The Interstate Driver’s License Compact Rules
- Colorado DUID Cases – Prescription Drugs and Colorado Driving Under The Influence of Drug Charges
- Colorado Vehicular Assault – Vehicular Homicide Charges – What They Mean
- The Colorado Affirmative Defense Of Intervening – Superseding Cause In Vehicular Assault – Vehicular Homicide Cases 18-3-205, 18-3-106
- Colorado Interlock Devices – Violations Including Tampering CRS 42-2-132.5 (11)
- Colorado Alcohol Treatment Programs – Level I and Level II – Track A-B-C-D
- Colorado DUI Interlock Program – Understanding the Interlock Device – Colorado DUI Consequences Part I of II
- The Colorado DUI -DWAI Field SobrietyTests
- Colorado’s Express Consent Law – The Law And The Advisement
- Refusals – Refusing To Take The Alcohol Breath or Blood Test In A Colorado DUI – DWAI Case
- Taking Blood Samples from Colorado Persons Arrested For DUI and Colorado Felonies
- Understanding The Colorado – Arapahoe – Douglas County DUI – DWAI – DUID Multiple Offender Program (MOPS) – Alternative Sentencing Options
- Colorado “Drugged Driving” – Marijuana DUID Cases
- Colorado’s Habitual Traffic Offender Law – CRS 42-2-206 – Driving After Revocation Prohibited – DAJP
- Colorado Criminal Traffic Lawyer Series – Driving Under Suspension – Points 42-2-127 C.R.S.
- Federal DUI Cases In Colorado
- More Articles On Colorado DUI – DWAI -DUID Law…
- Colorado DUI -DWAI -DUID Penalties And Sentencing 42-4-1307 – Proving Prior Alcohol Driving Convictions In Court
- Colorado DUI – DWAI – DUID Cases – No Contest and Other Kinds Of Pleas In Colorado DUI Cases
- Colorado DUI Lawyer Answers The Question – What Should I Do If I Am Stopped On Suspicion Of DUI – Refusing The Chemical Test
- Colorado Criminal DUI Case Defense – Preparing To Attack The District Attorney’s DUI Expert
- Attacking Your Colorado DUI – DWAI Case – Common Tactical Approaches
- Colorado DUI – DWAI – DUID Law- Questions And Answers On The Legal Definition Of Driving In Colorado
- Application By Out Of Stated Suspended – Revoked – Restrained Drivers For A Denver Colorado Drivers License
- Weaving Within My Lane In Colorado – 42-4-1007- Can They Stop Me For Suspected DUI?
- Colorado DUI Law – Is it Possible To Raise An Involuntary Intoxication Defense?
- Colorado Criminal Lawyer Series – Will I Lose My Nursing License In Colorado If I Get A DUI?
- What Are Colorado’s Open Container Laws – Who Can Be Charged? – Alcohol – Marijuana
- How To Understand Colorado DUI – DWAI – DUID DMV Actions After January 2014 – A Primer
- When An Out Of State Resident Is Convicted Of A DUI In Colorado – What Happens Now?
- Colorado Criminal Law – Understanding Colorado Traffic Stop Laws Regarding Arrest & Custody
- Sentencing In A Colorado DUI – DWAI – DUID Case – “Re-packaging” The Client Ideas and Arguments
- Colorado Criminal Law – Pretext Searches – The Emergency / Community Caretaking Exception To The Fourth Amendment
- Colorado Criminal Law – When Police Violate Your Rights At A Traffic Stop
- Proving Driving Under Revocation § 42-2-138 – In The State Of Colorado
- Colorado Mental Health and Substance Abuse Resources In DUI Cases
- Colorado DUI Laws – DMV Breath – Blood Test Refusal Issues Analyzed – Express Consent Law 42-4-1301.1
- The Meaning Of “Driving” Under Colorado DUI Law
- After The DUI -DWAI – DUID – Colorado Alcohol Based Driving Convictions For Driving Under Revocation, Denial And Restraint 42-2-138
- Is Taking Ambien A Defense To A Charge Of DUI – DUID In Colorado?
- Colorado Child Abuse Charge In DUI – DWAI Cases – DUI Defense Lawyer Strategies
- Violations of DUI – DWAI – Probation In Colorado
- Colorado Criminal Law – Q and A – Colorado Texting And Driving Law – C.R.S. 42-4-239 – UPDATED 2017
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Violations of DUI – DWAI – Probation In Colorado
by Colorado DUI – DWAI Probation Violation Lawyer – H. Michael Steinberg
A Denver Colorado DUI – DWAI Defense Lawyer can assist you with experienced and aggressive legal representation when you have been accused of violating your Colorado DUI DWAI probation and are facing a motion to revoke probation.
Violations of DUI – DWAI Probation in Colorado
If you receive a probation sentence as a part of your DUI – DWAI conviction – certain expectations will be placed on your shoulders for the period of probation – these are called the conditions of your probation. If you fail in any one or more of these conditions of probation – you will either be arrested or summoned back to court to face a probation revocation proceeding.
At The Steinberg Colorado Criminal Defense Law Firm we have successfully defended numerous clients with their DUI – DWAI probation violations. With over 40 years of individual experience, H. Michael has seen every permutation of probation violation complaint and he will l work diligently to get the probation violation resolved so that you do not end up in jail.
Being Proactive – Violations of The Terms and Conditions of DUI – DWAI Probation In Colorado
Burying your head in the sand – hoping they won’t notice – failing to complete MADD classes – alcohol treatment programs – public service hours – payment of fines and costs and the like put you at risk for a lengthy jail term or further suspension of your license and additional fines for failing to take action after you have violated the terms of your probation.
You must be proactive and take steps to cure the problems before they become worse. By contacting our office, we may be able to help you avoid the serious consequences of a DUI -DWAI probation violation.
Understanding Probation (and Violations) in Colorado DUI DWAI Cases
DUI – DWAI probation allows you to avoid incarceration if you agree to abide by certain conditions and fulfill specific requirements.
As noted – Colorado imposes certain conditions in connection with every DUI -DWAI probationary sentence. Some conditions depend on the number of “priors” you have on your record – (is this your first, second, third, or subsequent DUI conviction?)…others are imposed regardless of how many prior DUIs you have.
There are a variety of probation conditions that may be imposed in lieu of jail. These are referred to as “alternative sentencing” options.
These include:
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- Mandatory Community or Useful Public Service Hours
- House arrest / electronic monitoring instead of “straight” jail
- A SCRAM device (SCRAM stands for Secure Continuous Remote Alcohol Monitor and is a tamper-resistant bracelet that you wear around your ankle which tests for alcohol. It is typically only issued in cases involving multiple DUIs and/or addictions to alcohol)
- Restitution to anyone who suffered injury / or damages in connection with your DUI
- Alcohol and Therapeutic Treatment Classes.
- Colorado Drunk Driving Programs (MADD – Mothers Against Drunk Driving- Victim Impact Panel)
- No consumption of alcohol or drugs without a prescription
- No Illegal driving (without license and proof of insurance and No new crimes
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Compliance with DUI Probation Terms
Whatever the specific DUI – DWAI probation terms the judge imposes, you are under the obligation to provide proof of enrollment and completion of any and all classes, community service, MADD Panel conditions imposed on you. You must provide proof that you completed all of the terms of your probation.
Colorado DUI – DWAI Probation Violations – What is likely to happen?
If you…
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- fail to show proof of enrollment,
- fail to show proof of completion,
- fail to attend your court-ordered alcohol programs,
- fail to show proof of completion of community service
- fail to pay your fines,
- fail to pay your restitution, and/or
- fail to appear for any of your post-conviction appearances
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…then a judge will likely issue a bench warrant for your arrest. The bench warrant authorizes law enforcement to locate, arrest, and bring you before the issuing http://www.honeytraveler.com/pharmacy/ judge. In addition, once you appear before the court, the judge will – grant you the right to a brief hearing – an opportunity to prove that you have not violated the terms and conditions of probation. If you lose that hearing – or otherwise admit the violation – the judge likely sentence you for a probation violation for disobeying a court order.
While DUI-DWAI probationers do have a right to a hearing in Colorado to determine if they actually did violate probation, in most cases, a probation violation hearing is a waste of time.
First because the violation is obvious (i.e., missed fine payment, or caught driving). And second, the burden of proof on a probation violation is very low ( just over 50%) so it is easy to get a conviction for the Prosecutor.
Furthermore, there are very defenses to a probation violation charge – other than it did not happen. Trying to explain away missed pubic service hours – a missed fine – missed alcohol treatment classes – generally will not work. Believe this – explaining why you were driving will also not work.
Handling a Colorado DUI – DWAI probation violation is usually more damage control than anything.
Once probation is revoked in a misdemeanor or DUI -DWAI case, the judge has the power to re-sentence you ..and can basically “start over.” He/she can start with jail.
If you have questions about DUI – DWAI probation or would like to confidentially discuss your case with a Colorado DUI defense attorney, please don’t hesitate to contact us.
Probation CAN Be Reinstated Even After It Is Revoked
In misdemeanor cases such as in DUI – DWAI cases, the court will frequently sentence a defendant to court probation in place of a jail sentence, which is “suspended.” If the terms of probation are completed without trouble, the jail sentence is never imposed. However, if a defendant violates a term of probation, or misses a court date or deadline, the first action the court takes is to revoke probation.
Once probation is revoked, the court can re sentence the defendant to the “suspended sentence” or may be persuaded NOT to do so. A defendant can request that it be reinstated on the same terms and conditions as before. Whether or not the request is granted is up to the court, but if the court grants the request, yes, probation can be reinstated. It is common for a court to reinstate misdemeanor probation terms after they have been revoked, if the violation was minor, or recent.
Violations of DUI – DWAI – Probation In Colorado Are Serious
Please call our law firm if you have questions about ..
Violations of DUI – DWAI – Probation In Colorado
H. Michael Steinberg has been a Colorado criminal law specialist attorney for 40 years (as of 2012). For the First 13 years of his career, he was an Arapahoe – Douglas County District Attorney Senior prosecutor. In 1999 he formed his own law firm for the defense of Colorado criminal cases.
In addition to handling tens of thousands of cases in the trial courts of Colorado, he has written hundreds of articles regarding the practice of Colorado criminal law and frequently provides legal analysis on radio and television, appearing on the Fox News Channel, CNN and Various National and Local Newspapers and Radio Stations. Please call him at your convenience at 720-220-2277.
If you have questions about Violations of DUI – DWAI – Probation In Colorado in the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg will be pleased to answer those questions and to provides quality legal representation to those charged in Colorado adult and juvenile criminal matters.
In the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg provides quality legal representation to those charged in Colorado adult and juvenile criminal matters.as regrds Violations of DUI – DWAI – Probation In Colorado.
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