Denver, CO asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Colorado

Q: how can probation officer violate felony probationer 10 days prior to the end of sentence...?

I understand that a P.O. can revocate a probationer at any time during probation right down to the last day. However waiting to violate the probationer on the 720th day of a 730 day sentence when they had been in violation from the very start. The only thing probationer did consistently was keep their monthly appt, w/ P.O.. Other than that: 4 or 5 classes had been attended, 1st UA clean, next 14 were hot with 80 plus missed UA's and perhaps 1 or 2 minimal payments were made for restitution. P.O. was a Lakewood agent during the much talked investigation of defendant and ended up his P.O. in Denver. Probationer was sentenced 90 days county w/ 2 yrs probation in 2012. As of 01/17 defendant has been revocated twice and still on probation w 1 1/2 more yrs to go and has served 270 days. How is it ethical or not an abuse of authority for P.O. to wait that long after onset of non compliance to revocate?

1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
  • Fort Collins, CO
  • Licensed in Colorado

A: I cannot comment on the correctness of the PO's actions. One factor is that the parole system is horribly overloaded--this leads to delays. It is possible that the monthly appearances and heavy caseload caused the PO to not review whether all the terms of the parole were complied with. While this is a very long delay, if parolee did not comply with the terms of the parole, the parole was arguably properly revoked. If you feel that something improper occurred, you can contact a criminal law attorney.

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