Probation offers an opportunity to avoid jail time and move forward, but it also comes with a long list of rules, fees, and expectations. One mistake—whether it’s missing a meeting, failing a drug test, or misunderstanding a condition—can lead to serious consequences, including probation revocation.
A Denver, CO criminal defense lawyer can be your greatest ally, ensuring you understand your obligations and help you resolve issues before they escalate. If you’re facing challenges with your probation, don’t wait. Contact the Law Office of Kimberly Diego today for a consultation to secure the best possible outcome.
What Is Probation in Colorado?
Probation is a court-ordered sentence that allows individuals convicted of a crime to remain in their community under specific conditions, rather than serving time in jail or prison. It’s essentially an agreement: you agree to meet certain requirements, and in return, you avoid incarceration. Probation can be part of a plea agreement, a deferred sentence, or a standalone sentence handed down by the court.
Colorado offers various types of probation, including:
- Supervised probation: Requires regular check-ins with a probation officer and adherence to strict conditions.
- Unsupervised probation: Often used for minor offenses, requiring compliance with court-ordered conditions but without active monitoring by an officer.
- Intensive supervised probation (ISP): A stricter form of probation for more serious offenses involving frequent monitoring, home visits, and additional restrictions.
What are the Common Conditions of Probation in Colorado?
Common probation requirements include:
- Regular check-ins with a probation officer: These meetings ensure you comply with your probation terms.
- Community service: Completing a designated number of hours to give back to the community.
- Counseling or treatment programs: Participation in drug or alcohol rehabilitation, anger management, or other court-mandated programs.
- Paying fines and restitution: Covering court fees, probation costs, and restitution owed to victims.
- Avoiding further legal trouble: Even minor infractions can trigger a probation violation.
What Happens if I Violate My Probation?
A probation violation can happen for many reasons—missing a meeting with your probation officer, failing a drug test, or committing another offense. When a violation occurs, your probation officer may report it to the court, and a probation revocation hearing will be scheduled.
At this hearing, the judge will decide whether to:
- Reinstate your probation with stricter conditions,
- Extend your probation term, or
- Revoke your probation and impose the original sentence, which may include jail or prison time.
Can I Leave Colorado While on Probation?
Traveling while on probation can be complicated. In most cases, you’ll need your probation officer’s permission before leaving the state. Interstate travel without prior approval can be considered a violation, even for emergencies or work-related trips. For individuals on probation through the Interstate Compact for Adult Offender Supervision (ICAOS), additional rules may apply, particularly if you’re moving to another state.
What Are the Costs Associated with Probation?
Probation is often more affordable than incarceration, but it’s not free. You may be required to pay various costs, including monthly probation supervision fees, court-ordered fines, restitution to victims, and fees for mandatory programs or classes such as DUI treatment or anger management courses. Failure to pay these costs can result in additional penalties, including probation violation charges.
Can I Get My Probation Terminated Early?
Courts are more likely to consider early termination if:
- You’ve completed a significant portion of your probation term,
- All fines, fees, and restitution have been paid, and
- You’ve complied with all conditions, including treatment programs or community service.
How Do Probation Officers Monitor Compliance?
Probation officers play a central role in ensuring you meet the terms of your probation. Common monitoring methods include:
- Drug and alcohol testing: Random screenings to ensure sobriety.
- Home visits: Unannounced visits to check for compliance with restrictions, such as curfews or bans on alcohol possession.
- Progress reports: Collecting documentation of completed programs, payments, and other requirements.
What Happens If I’m Accused of a Crime While on Probation?
Being accused of a new crime while on probation is a serious issue. It can lead to two separate legal battles: one for the new charges and one for the probation violation. Even if the new charges are dropped or dismissed, you can still face consequences for violating the terms of your probation.
Resolve Probation Issues With a Denver, CO Criminal Defense Lawyer
Kimberly Diego is a dedicated Denver criminal defense attorney who helps clients tackle probation challenges head-on. Whether you’re facing accusations of noncompliance, dealing with strict probation terms, or seeking to shorten your probation period, her focused and compassionate legal approach will make a difference. Her thoughtful, results-driven approach ensures that your case is handled with care and attention to detail.
Contact the Law Office of Kimberly Diego today by calling (720) 257-5346 or sending a message online.