Asked in Criminal Law for Colorado

Q: If you are going to court for a probation violation and you hire an attorney, do you still have to talk to your

Probation officer or does your attorney handle that communication as well?

Related Topics:
1 Lawyer Answer
Sean Maye
Sean Maye
Answered
  • Criminal Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: If you have a pending violation of probation and have hired a lawyer to represent you on the alleged violation, you are still required to continue reporting to probation - that obligation doesn't change. The fact that you have a lawyer on your probation matters does not then automatically mean that you have a right to your lawyer being present for all meetings and/or communications with your PO. However, you do have a 5th Amendment right against self-incrimination and a 6th Amendment right to have your lawyer present if you are speaking about, or being questioned on, the pending violation proceeding. Talk with your lawyer further about this because there are complicated confidentiality/privilege considerations at play.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.