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Colorado Probation

Understanding How Probation Works in Fort Collins Criminal Cases

After you are found guilty and convicted of a crime, a judge will decide whether to sentence you to jail or grant you probation. To make this decision, the judge must consider the following elements:

  • Whether you are a danger to the public
  • Your likeliness of reoffending
  • The facts of your criminal offense (aggravating factors, prior criminal record, etc.)
  • How the victim was affected
  • The District Attorney’s statements
  • Your personal needs

To optimize your chances of getting probation, a skilled criminal defense lawyer at the Law Office of Kevin R. Churchill can gather the facts of your case to help mitigate the judge and jury’s perception of you and your offense. Before you even stand before a judge, an attorney can negotiate with the District Attorney to recognize and acknowledge the mitigation in your case to encourage their statements against you to be reasonable.

To learn more about how a skilled lawyer can help guide you through the probation process, contact the firm at (970) 238-2982 today!

What Is Probation?

Probation is a chance to remain free or serve a short amount of time in jail prison instead of serving a full sentence behind bars, provided that you showed “good behavior.” Probation is only granted under specific court-ordered terms, such as:

  • Doing public service work
  • Staying away from alcohol and drugs
  • Paying fines
  • Maintaining good behavior
  • Getting mental therapy
  • Reporting regularly to your probation officer

Probation can be seen as a way for the court to control and monitor you, otherwise referred to as having jurisdiction over you. The purpose of probation is to rehabilitate defendants so they have little to no desire to commit crimes in the future. You, the defendant, will be expected to complete a schedule of classes that are intended to prevent future criminal actions and behaviors such as those that got you convicted in the first place. You will also be required to fulfill community service requirements.

Supervised vs. Unsupervised Probation

You may be subject to supervised or unsupervised probation in Colorado. Supervised probation requires you to regularly report to your probation officer, while unsupervised probation does not require you to report to anyone, although you may still be required to complete the same requirements as those outlined in supervised probations.

Elements of supervised probation include:

  • Daily check-ins with a probation officer
  • Restrictions on where, when and how long you travel
  • Pursuing education or certifications
  • Restitution payments
  • Community service
  • Substance abuse treatment programs
  • Periodic searches of your person and/or property

Unsupervised probation is drastically different from supervised probation. You will not have a probation officer monitoring you and you will not have to report to one, however, you must still comply with certain conditions. Other aspects of unsupervised probation include:

  • Prohibited from breaking the law
    • You may suffer increased penalties for your existing crime in addition to the new offense
  • Restitution payments
  • Substance abuse treatment programs
  • Community service

What Happens If I Violate Probation in CO?

Should you fail to comply with your probation requirement, the District Attorney and your probation officer may file a complaint and report, which mandates you to go to court for a probation revocation hearing.

There are two types of probation violations: Technical and new offense. Technical violations occur when you violate the rules and conditions of your probation, whereas a new offense means you were arrested and charged with another crime. In “new offense” probation violations, you must be found guilty beyond a reasonable doubt or else your probation may not get revoked.

If your probation is revoked, you may get sentenced to jail or prison as if you were getting sentenced for the first time in your case. A judge may also order you to participate in community service, rehabilitation programs or pay fines in addition to your sentence.

For example, in a domestic violence case, if you didn’t go to your rehabilitation classes, this may encourage the judge to revoke your probation and require you to start your classes all over again or worse, go to jail or prison.

A Fort Collins Lawyer Can Help You Navigate the Probation Process

The terms of probation in criminal cases are determined on a case-by-case basis. Although there are similarities in the requirements and causes for probation in Colorado, each case varies. A Fort Collins criminal defense attorney at the Law Office of Kevin R. Churchill can strategically negotiate for probation as well as advocate for favorable terms and conditions on your behalf.

The criminal justice system can be terrifying and complex, therefore it is strongly advised to avoid facing it alone. Contact the firm online or by calling (970) 238-2982 to get started on your case.

Why Hire Attorney Kevin R. Churchill?

Don't Settle for Inexperience
  • Thousands of Cases Successfully Handled
  • Unwavering Commitment to Each Case
  • Strong & Extensive Trial Skills
  • Focused Solely on Criminal Defense for Over Two Decades

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