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?

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1 Lawyer Answer
Sean Maye
Sean Maye
  • 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.

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