Probation & Parole Violations in Colorado

Being accused of violating probation or parole can feel even more frightening than the original charge — there’s no jury, the burden of proof is lower, and a judge who already sentenced you once is now deciding whether to send you back into custody. But a violation allegation is not an automatic revocation, and Colorado law gives you real rights at that hearing.

If you or a loved one is facing a probation or parole violation anywhere in the Denver metro area, Mile High Legal can evaluate the alleged violation, challenge the state’s evidence, and advocate for continuing probation rather than revocation.

How a Probation Revocation Hearing Works

Under C.R.S. § 16-11-206, a probationer is entitled to be advised of the charges against them and the possible penalties, and must be allowed to plead guilty or not guilty to the alleged violation. Critically, there is no right to a jury trial in a revocation proceeding — a judge alone decides whether a violation occurred.

The burden of proof is also lower than in a criminal trial: the prosecution need only establish a violation of probation conditions by a preponderance of the evidence (more likely than not), rather than beyond a reasonable doubt. The exception is where the alleged violation is itself a new criminal offense — in that case, the new offense must be proven beyond a reasonable doubt unless the probationer has already been convicted of it in a separate criminal proceeding. Evidence that would normally be excluded under the rules of evidence (such as hearsay) can still be admitted at a revocation hearing, so long as the probationer has a fair opportunity to challenge it.

If the probationer is in custody, the hearing must generally be held within 14 days of the complaint being filed. If the court finds a violation occurred, it must decide within 7 days whether to revoke probation or allow it to continue — and if revoked, the court can impose any sentence that could originally have been given for the underlying offense.

Source: C.R.S. § 16-11-206, as of January 2025.

Common Reasons Probation Gets Revoked

• A new criminal charge or arrest while on probation.
• Failing or missing required drug or alcohol testing.
• Missing scheduled meetings with a probation officer.
• Failing to complete court-ordered classes, treatment, or community service.
• Falling behind on restitution, fines, or probation fees — though failure to pay alone generally cannot result in revocation without an inquiry into the person’s ability to pay.
• Leaving the jurisdiction or changing residence without permission.

Parole Violations Are Handled Differently

Parole violations in Colorado are addressed through the Colorado Board of Parole and its own administrative revocation process, which is separate from the district court probation revocation procedure described above, though it shares similar due process protections. A parole violation can result in reincarceration to serve the remainder of the original sentence.

How a Parole Revocation Hearing Works

Under C.R.S. § 17-2-103, if the parolee is in custody, the revocation hearing must be held within a reasonable time, not to exceed 30 days after arrest, unless the board finds good cause for a delay. As in a probation hearing, the division of adult parole only has to prove a violation by a preponderance of the evidence — except that if the alleged violation is itself a new criminal offense, that offense must be proven beyond a reasonable doubt, unless the parolee has already been convicted of it. The parolee has the right to an attorney, to testify and present witnesses and evidence, and to confront and cross-examine adverse witnesses, though the board can limit confrontation of an informant for good cause.

For a “technical” violation — one where the underlying conduct isn’t itself a new crime — the parole officer is generally required to try intermediate sanctions first, such as a brief jail stay of up to 14 days or a referral to treatment, before filing a complaint seeking full revocation. That requirement can be bypassed for higher-risk violations, such as those involving a weapon, absconding, or tampering with an electronic monitoring device. If the board finds a violation occurred, it must decide within 5 working days of the hearing whether to revoke parole, continue it, or modify its conditions.

Common Defenses to a Violation Allegation

• Challenging the evidence — even at the lower preponderance standard, the state still has to actually prove the violation occurred.
• Inability to pay — for financial-condition violations, showing a genuine inability (rather than unwillingness) to pay restitution, fees, or fines.
• Lack of willfulness — showing the violation was not a knowing or intentional disregard of probation conditions.
• Mitigating circumstances — presenting evidence of substantial compliance, participation in treatment, or stable employment to argue for continued probation instead of revocation.
• Procedural defects — challenging whether the hearing timeline and notice requirements under C.R.S. § 16-11-206 were actually followed.

Why Choose Mile High Legal

Grant Grosgebauer and the team at Mile High Legal regularly represent clients at probation and parole revocation hearings throughout the Denver metro area. Because these hearings move fast and the burden of proof is lower, having an attorney who can challenge the state’s evidence and present a real case for continued supervision matters enormously.