Denver Probation: What to Expect and How to Succeed

Understanding Probation in Criminal Law

Probation is a court-ordered period of supervision over an offender, often used as an alternative to incarceration [1]. In some jurisdictions, probation applies only to community sentences, such as suspended sentences, while in others, it also includes the supervision of those conditionally released from prison on parole.

An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer

Offenders may also be required to undergo drug and alcohol testing, participate in treatment programs, and wear electronic monitoring devices. Non-compliance with probation terms can result in incarceration.

Standard Conditions of Probation in Colorado

If you are sentenced to probation in Colorado, several standard conditions of supervision may apply [2]:

• Costs of Probation Supervision: You may be required to make monthly payments to cover the costs of your supervision.
• Fines and Court Costs: You must pay any fines and court costs imposed by the court.
• Restitution: Payment of restitution to the victim may be required.
• Reporting: Regular reporting to your probation officer is mandatory.
• Weapon Restrictions: Possession of any weapon or firearm is prohibited unless expressly authorized by the court.
• Residence and Employment: You cannot change your residence or employment or leave your county without your probation officer’s permission.
• Law Violations: You must avoid any new violations of the law.
• Substance Use: No use or possession of intoxicants or narcotics unless prescribed by a physician, and you must avoid places where illegal substances are used or sold.
• Associations: You cannot associate with any co-defendant or individuals involved in criminal conduct.
• Employment: You must obtain lawful employment and may be required to inform your employer of your probation status.
• Home and Employment Visits: You must allow your probation officer to visit your home or place of employment.
• Chemical Testing: You may be required to pay for and submit to random drug or alcohol testing as requested by your probation officer or treatment center staff.
• Protection Order: A mandatory protection order may be issued, prohibiting you from harassing, molesting, intimidating, retaliating against, or tampering with the victim or any prosecution witnesses.

Consequences of a Probation Violation in Colorado

Handling Minor Violations
If you commit a minor probation violation, your probation officer may issue a warning and provide another opportunity to comply with the conditions. However, the probation officer has the discretion to file a motion to revoke your probation, which brings your case back to court. Typically, the probation officer will consult the district attorney’s office to determine the next steps. You may receive a summons to appear in court on a specific date, or in severe cases, a warrant may be issued for your arrest, requiring you to remain in custody until a bond is posted.

Appearance on Motion to Revoke
At the first hearing, the Court will advise you of the allegations contained in the motion to revoke your probation. You are entitled to have an attorney, and if you cannot afford an attorney and qualify, you will be appointed a public defender. If you are in custody, you have the right to request a hearing to be held within 14 days.

What Happens Next?
Negotiations with the district attorney’s office can often lead to an agreement on how to resolve the motion to revoke probation. Depending on the circumstances, your probation may be revoked and then reinstated with additional terms and conditions. These conditions could include more community service, additional classes, or even jail time. The court can impose up to 60 days of jail for a misdemeanor and up to 90 days for a felony.

How to Beat a Probation Violation in Colorado

Strategies to Beat Probation Violation Charges:

• Request a Hearing: Contest the charges by requesting a hearing. Your attorney will help you prepare to present evidence and testimony demonstrating why your probation should not be revoked or modified.
• Prove Compliance: Show that you have met all the terms and conditions of your probation. Your attorney can assist in gathering documentation and evidence to prove your compliance with all probation requirements.
• Seek Alternative Sentencing: Explore alternative sentencing options, such as increased community service hours or participation in treatment programs. Discuss these possibilities with your attorney to find the most favorable outcome.

Dealing with a probation violation can be a stressful and complex experience. However, with the right legal support, it is possible to challenge and potentially overcome the charges.

Related Articles:

• Early Termination of Probation
• Violated Felony Probation?
• What is a Work Furlough Program?

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References:
1. https://en.wikipedia.org/wiki/Probation
2. https://www.colorado-probation-violation-lawyer.com/understanding-colorado-probation-and-the-conditions-of-probation