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April 29, 2020

Yes, Probation Might Be Possible For Your Case

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Personal Injury Lawyer

Many people facing criminal charges want to know if probation is a possibility instead of jail. This is, in fact, a jail sentence alternative that may be available in your case, so speak to a criminal lawyer about probation as soon as you can.

What are the conditions for probation?

Probation conditions depend on what charges you are facing and the specifics of your case. The common conditions of probation include:

  • A suspended sentence
  • No more criminal activity
  • Regular reporting to a probation officer
  • Avoidance of all drugs and alcohol
  • No ownership or possession of firearms
  • Payment of any costs associated with the probation
  • Monitoring with electronic devices

Who qualifies for probation?

Generally speaking, all persons charged with a crime in Colorado are eligible for probation unless they have two or more prior convictions coming from separate incidents or if the conviction would be a Class 2 petty offense or a Class 1 felony. Your chances at receiving probation rely on a lot of factors, including your criminal lawyer.

Supervised versus unsupervised probation

You must know the difference between unsupervised and supervised probation, and your attorney will advise on how both work so you don’t make a crucial mistake. With supervised probation, you have to report directly to a probation officer. In unsupervised probation, you will have to report right to the court that sentenced you. Unsupervised probation tends to be more convenient and less costly in fees than supervised probation.

How long does it last?

Of course, the length of probation depends on your case. Keep in mind that most probation terms last for anywhere from a period of months to two years. A person may be able to receive early release from probation in some cases, as long as their conduct during the probation was excellent.

What if someone violates the probation terms?

If you are on probation and you violate one of its terms, you might be arrested on what is known as a “no bond” warrant. This means you can’t even get a bond to be released from jail before a motion is filed by your attorney and a hearing is held. If you are found to be in violation by the court, you lose probation and receive your original jail sentence. Your criminal lawyer can help you fight a probation violation to keep your probation.

Are probation officers allowed to come to my house?

In some cases, the probation officer will be allowed to come to your home, and they do not have to schedule or notify you of those visits in advance. You may be required to see your probation officer at their department location and/or contact them via phone. If an officer has reason to suspect you have illegal substances in your home, they might be able to search your home without a warrant.

Probation is one way to remain in your home, with your family, and at your job, but you need to get it in place and follow all the rules and requirements. If you are confused at all about probation or the possibility of it in your case, talk to your lawyer in Denver, CO.

Thanks to Richard J. Banta, PC for their insight into criminal law and probation.

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