Probation Violation Response - Colorado

RESPONSE TO MOTION TO REVOKE PROBATION (COLORADO) — TEMPLATE

TABLE OF CONTENTS

1. Document Header / Caption
2. Preliminary Statement
3. Response to Specific Allegations
4. Constitutional and Statutory Rights
5. Standard of Proof and Burden
6. Mitigating Factors
7. Request for Alternative Sanctions
8. Evidence and Witness List
9. Conclusion and Prayer for Relief
10. Certificate of Service

1. DOCUMENT HEADER

DISTRICT COURT, [COUNTY] COUNTY, COLORADO
[ADDRESS OF COURT]

THE PEOPLE OF THE STATE OF COLORADO,

        Plaintiff,

v.                                                        Case No. [________________]
                                                          Division: [____]
[DEFENDANT FULL LEGAL NAME],

        Defendant.

             RESPONSE TO COMPLAINT / MOTION TO REVOKE PROBATION

2. PRELIMINARY STATEMENT

COMES NOW the Defendant, [DEFENDANT FULL LEGAL NAME], by and through undersigned counsel, and respectfully submits this Response to the People's Complaint/Motion to Revoke Probation filed on [DATE]. Defendant was placed on probation on [DATE] for a term of [DURATION] following [conviction/guilty plea/deferred judgment] for [OFFENSE(S)], a [CLASS] [felony/misdemeanor].

3. RESPONSE TO SPECIFIC ALLEGATIONS

Allegation 1: [DESCRIBE ALLEGED VIOLATION]

☐ Denied. [EXPLAIN.]
☐ Admitted with Explanation. [EXPLAIN.]

Allegation 2: [DESCRIBE ALLEGED VIOLATION]

☐ Denied. [EXPLAIN.]
☐ Admitted with Explanation. [EXPLAIN.]

Classification

☐ Technical Violation — Subject to intermediate sanctions
☐ New Criminal Offense — [CASE NUMBER / STATUS]
☐ Failure to Pay — [FINANCIAL CIRCUMSTANCES]

4. CONSTITUTIONAL AND STATUTORY RIGHTS

A. Due Process (Morrissey v. Brewer; C.R.S. § 16-11-206)

Under C.R.S. § 16-11-206, the defendant is entitled to: written notice of violations; disclosure of evidence; at least 7 days' notice before the hearing; opportunity to be heard and present evidence; right to confront and cross-examine witnesses; a neutral and detached judicial officer; and a written statement of reasons.

B. Right to Counsel (Gagnon v. Scarpelli)

Defendant is entitled to counsel at all revocation proceedings. The court shall appoint counsel for indigent defendants.

C. Written Notice of Conditions (C.R.S. § 18-1.3-204(3))

The probationer must receive a written statement explicitly setting forth the conditions of probation. Revocation cannot be based on a condition of which Defendant had no notice. See People v. Calderon, 2014 COA 144.

5. STANDARD OF PROOF AND BURDEN

The State bears the burden of proving each alleged violation by a preponderance of the evidence, except that an alleged commission of a criminal offense must be established beyond a reasonable doubt unless the probationer has been convicted of that offense. C.R.S. § 16-11-206(3); see also People v. Moses, 64 P.3d 904 (Colo. App. 2002).

6. MITIGATING FACTORS

☐ Substantial compliance with conditions: [LIST.]
☐ Employment at [EMPLOYER] since [DATE].
☐ Family obligations: [DETAILS.]
☐ Treatment / program participation: [DETAILS.]
☐ Circumstances beyond control: [EXPLAIN.]
☐ No prior violations.
☐ Inability to pay — not willful (C.R.S. § 18-1.3-204(1)(a)).
☐ Other: [________________________________]

7. REQUEST FOR ALTERNATIVE SANCTIONS

☐ Intermediate Sanctions — Up to 14 days in county jail as a graduated sanction for technical violations.
☐ Modification of Conditions — Under C.R.S. § 18-1.3-204(4)(a).
☐ Intensive Supervision Probation — C.R.S. § 18-1.3-208.
☐ Drug Court / Problem-Solving Court — [IF AVAILABLE.]
☐ Veterans Treatment Court — C.R.S. § 18-1.3-209.5 [IF APPLICABLE.]
☐ Community Corrections — Residential placement under C.R.S. § 18-1.3-301.
☐ Restorative Justice — Under C.R.S. § 18-1.3-204(2)(a)(III.5).
☐ Substance Abuse / Mental Health Treatment — [PROGRAM.]
☐ Extension of Probation
☐ Other: [________________________________]

8. EVIDENCE AND WITNESS LIST

Witnesses

Documentary Evidence

9. CONCLUSION AND PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests this Court:

1. Conduct a full revocation hearing under C.R.S. § 16-11-206;
2. Find insufficient evidence and dismiss the complaint; or, in the alternative;
3. Continue Defendant on probation with modified conditions;
4. Impose intermediate sanctions in lieu of revocation;
5. Grant such other relief as the Court deems just.

Respectfully submitted,

________________________________________
[ATTORNEY NAME], Esq.
Colorado Bar No. [________]
[LAW FIRM NAME]
[ADDRESS]
[CITY], Colorado [ZIP]
[PHONE] | [EMAIL]
Attorney for Defendant

Date: [__/__/____]

10. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing was served upon:

[DISTRICT ATTORNEY NAME]
[OFFICE ADDRESS]
[CITY], Colorado [ZIP]

☐ By hand delivery ☐ By U.S. Mail ☐ By ICCES / electronic filing

________________________________________
[ATTORNEY NAME]

This template is for informational purposes only. Consult a licensed Colorado attorney before use.