if my po files a complaint will i go to jail or do i get summoned for court first

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if my po files a complaint will i go to jail or do i get summoned for court first

not doing esefull public service and behind on court fines

Asked on June 25, 2009 under Criminal Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the crime that you were convicted of carries jail time, then yes you could go to jail for probation violation.  However, before that would happen you would have to go to court for a hearing.

This is how the process works.  When a probate commits a probation violation, their probation officer will decide whether to issue a warning or require him to appear at a probation violation hearing in court.  This decision will be based on the severity and type of probation violation that was committed, the person’s record of past probation violations, and more.  If a probate is ordered to court for a probation violation hearing, the officer will typically request some punitive action be taken which typically involves incarceration. 

At a probation violation hearing, the prosecution must prove that the probate violated the established conditions by a preponderance of evidence.  This means that they must show the probation violation, more likely than not, occurred.  When a person is found guilty of a probation violation, the court may extend his probation, or impose additional probation terms.  A probation violation may also result in a period of incarceration (typically not more than a few months to a year) or the reinstatement of a suspended incarceration sentence.  If a judge feels that incarceration is not sufficient punishment for a probation violation, they may order the probate to attend a boot camp program.  This is typically an option used for younger offenders is not always considered in cases of probation violation.

Since your violation was more of a technical violation , that is missed meetings and behind on fines, and not a violation due to committing a new crime, the judge may show some leniency.  But then again he may not.  You really should contact a criminal attorney in your area and get their advice on how best to handle all of this. Remember, what happens at the hearing may mean jail time.  It will be worth your while to have a lawyer.


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