Cherry Creek Probation Violation Lawyers – Denver Court Advocacy
Strategic Defense in the 2nd Judicial District
In Cherry Creek and the broader Denver area, a probation violation (POV) is a high-stakes legal emergency. Unlike a new criminal charge, you do not have the right to a jury trial for a violation; instead, your fate is decided by a judge at the Lindsey-Flanigan Courthouse based on a “preponderance of the evidence.” In 2026, the Denver Adult Probation Department has shifted toward data-driven supervision, meaning “technical” slips are logged instantly and can trigger a warrant in hours.
At Burnham Law, we specialize in high-leverage mitigation and reinstatement. We understand that in 2026, the goal is often to address the underlying issue—whether it’s a missed UA or a GPS “zone” violation—before the judge decides on a jail sentence. We provide the trial-ready advocacy needed to challenge the “hearsay” often used by probation officers and to keep you in the community.
Jeremy Wooten, is a seasoned trial attorney who specializes in criminal defense and family law, leveraging a wealth of experience honed over five years at the Colorado State Public Defenders’ Office. Rising to Senior Deputy Public Defender, he successfully managed a diverse caseload, including serious charges like first-degree homicide, drug distribution, and economic crimes, always maintaining an unwavering commitment to client advocacy. Licensed in both Texas and Colorado, Jeremy's legal expertise is defined by strategic planning—meticulously crafting and executing well-thought-out trial strategies—and remarkable resourcefulness in finding innovative solutions to complex legal challenges in both the criminal and family law arenas. His practice is characterized by agile, client-centered advocacy, which relies on adaptability, active listening, and quick thinking essential for effective trial work. Jeremy prioritizes thoroughly understanding his clients' objectives and adapting his strategies dynamically to the evolving nature of trials. His resilience and strategic agility allow him to confidently navigate unexpected developments in the courtroom, ensuring each case is expertly...
Julian Rosielle has been licensed to practice law in Colorado since 2006. Julian is a graduate of the University of Colorado School of Law, where he was on the Dean’s List and an associate editor of the University of Colorado Law Review. Julian practiced exclusively in the area of criminal law for the first thirteen years of his career and has several notable case outcomes to include not guilty verdicts on charges of homicide and assault. Julian has extensive trial experience, ranging from Death Penalty cases to misdemeanor domestic violence to driving under the influence. Beginning in 2019, Julian’s practice has expanded to include domestic relations litigation and civil protection orders. Julian has lived in Colorado since 2004 and when not in Court enjoys hiking with his family and dogs.
Kate strives to have a client-oriented practice where she can assist her clients in all stages of litigation. Prior to joining Burnham, Kate was an associate at an AmLaw Firm where she worked on various types of complex litigation representing large corporations, municipalities, and individuals. Before going into private practice, Kate was an Assistant Public Defender in Miami-Dade County where she tried over twenty cases. Kate has been able to develop a well-rounded practice by working in both the private and public sectors. Kate has honed her skill sets from her prior experience so she can be a zealous advocate for her clients. In her spare time, Kate enjoys spending time with her husband in the outdoors, traveling, and visiting family.
Miguel C. Mondragon is a tenacious and dedicated attorney who is fiercely committed to his clients and their legal outcomes. Recognizing that clients facing divorce or criminal charges are often in their most vulnerable state, Miguel acts as a passionate advocate, ensuring they have a voice within the legal system. Growing up in southern Colorado, Miguel developed a strong work ethic by working in construction, lumber, and brickyards while attending college. Before becoming an attorney, his interest in law was sparked by his work within the Larimer County Corrections system. While attending the University of South Dakota School of Law, he gained valuable experience working with East River Legal Services, the Colorado State Public Defenders Office, and Samuelson Law. Upon graduation, Miguel honed his skills first as a solo practitioner, then at Weaver & Associates, P.C., before founding Mondragon Law, where he specialized in criminal defense and family law. He brings this deep experience and tenacity to his current role...
2026 Legal Updates: New Rights for Denver Probationers
The 2026 legal landscape has introduced landmark protections and procedural shifts that directly impact your defense:
1. HB 24-1445: Remote Reporting & Scheduling Rights
Fully operational as of January 2026, this law provides critical flexibility for professionals in Cherry Creek:
Video Meeting Mandate: Unless a judge finds a specific safety risk, you are now legally entitled to meet with your probation officer via video or telephone call.
Employment Protection: Your officer is required to schedule meetings at times that do not conflict with your essential work obligations or childcare.
Fee-Based Revocation Ban: In 2026, a court cannot revoke your probation solely because you are unable to pay supervision fees.
2. The 28-Day Magistrate Review (C.R.M. 7)
Many initial probation rulings in Denver, such as bond amounts or temporary travel permits, are issued by magistrates.
The Strict Deadline: Under 2026 rules, you have exactly 28 days to file a Petition for Review with a District Court judge if you disagree with a magistrate’s order.
Jurisdictional Bar: If you miss this window, you are permanently barred from appealing that order to a higher court.
3. Natural Medicine & SB 26-095
With the 2026 expansion of the Natural Medicine Health Act, Denver judges are generally prohibited from revoking probation for the legal use of psilocybin or medical marijuana, provided it does not violate a specific, individualized safety finding made by the court at sentencing.
Technical vs. New Law Violations
In the 2nd Judicial District, the defense strategy depends entirely on the nature of the alleged violation:
Technical Violations: Missed drug tests, failure to complete community service, or traveling without permission. In 2026, we utilize HB 24-1445 to argue that administrative failures or scheduling conflicts should lead to “graduated sanctions” (like extra classes) rather than jail.
New Law Violations: Being charged with a new crime while on probation. These are the most dangerous cases, as a judge can revoke your probation even if the new charge is eventually dismissed, provided the state meets the lower “preponderance” burden.
Violation Type
2026 Burden of Proof
Potential Denver Outcome
Technical
Preponderance (51%)
Reinstatement or “Shock” Jail.
New Law
Preponderance (51%)
Revocation to original sentence.
Absconding
Preponderance (51%)
Likely Revocation to jail/prison.
Why Choose Burnham Law for Your Case
The Denver Probation Offices (located at 303 W. Colfax Ave) handle thousands of cases. You need a lawyer who can force the system to see you as an individual, not a file number. Burnham Law offers:
Administrative Advocacy: We often resolve “technical” issues with your PO before a formal complaint is filed, potentially avoiding a court appearance altogether.
Specialized Docket Knowledge: We navigate Denver’s specialized dockets, including Drug Court and the Wellness Court, which offer treatment-heavy alternatives to incarceration.
2026 Procedural Precision: We ensure your case meets the strict 28-day window for judicial review, protecting your right to challenge unfavorable orders.
Take Action Today
A probation violation in 2026 is an accusation, not a final judgment. With the new 2026 protections for remote reporting and scheduling, you have more legal tools than ever to stay out of jail. Whether you missed a check-in or are facing a new charge, immediate legal intervention is your best defense. Contact Burnham Law to schedule a strategic probation defense consultation:
📞 Call 303.990.5308
📍 Cherry Creek/Denver Office: 50 S Steele St, Suite 250, Denver, CO 80209
