In Weld County, a judge can sentence a defendant to probation instead of Weld County Jail or Colorado prison time. There are terms and conditions during probation that the defendant must adhere to. Our top Greeley probation attorneys discuss these 3 keys to know for a successful probation sentence:
These terms and conditions are not necessarily easy. While probation itself does not require hiring a criminal defense attorney, the defendant can easily find themselves facing a revocation of probation for their criminal charges if there are any probation violations. If this happens, is important to have a probation attorney who can fight for you at the Weld County Court.
# 1. What is Probation in Weld County, Colorado?
Any Weld County, Colorado judge can use probation as a sentence alternative instead of jail or prison. Probation is usually supervised by the Weld County Probation Department and allows the defendant to maintain work, school, and social aspects of their life. The conditions and terms of probation depend on the specific charge and vary by case. These terms are determined by the judge and are designed to assist with rehabilitation and community safety. Probation tries to focus on issues to rehabilitate in a defendant. Classes and treatment are common. If drugs were involved, drug treatment; if alcohol, then alcohol treatment. If sexual violations, then sex offender treatment.
#2. What are Common Terms and Conditions of Probation in Greeley, Colorado Courts?
The terms and conditions of a defendant’s probation sentence are determined by the judge and are specific to the case. Some common terms and condition of probation in Greeley are:
- Reporting to your assigned Probation Officer (PO) on schedule
- Community service
- Random drug testing
- Avoiding alcohol and drugs
- Treatment programs (alcohol, drugs, mental health, sex offender, or anger management)
- Electric monitoring, such as blood alcohol testing
- Refraining from further criminal activity or being with convicts
- Maintaining employment
- Not having firearms in your possession
Note that not all of the above conditions are required for a probation sentence. Simultaneously, a judge may sentence the defendant to additional conditions as he or she sees fit. Judges will often try and impose a punitive component along with treatment.
#3. Difference Between Probation and Parole in Windsor and Eaton, Colorado
People in Windsor and Eaton often use Probation and Parole interchangeably; however, they are two very different types of supervised release and are granted for different reasons. Probation is granted instead of time in the Weld County Jail or a Colorado State Prison, and Parole is granted for a transition period after time is served in prison. If either are violated, then a return to jail or prison often occurs. Both supervised releases are to help people live a lawful and productive life outside of confinement. Neither probation or parole is easy to do, and some people struggle to be successful and submit to supervision of their lives. But, Probation and Parole officers know that defendants have committed crimes and need structure to lead a new lifestyle.
Bonus: What Happens When Probation is Violated in Weld County?
Because the Weld County attorneys at the O’Malley Law Office want people to be successful on probation, it is important to understand what happens when the terms and conditions of probation are violated. When a person violates any conditions of his or her probation sentence, a no bond arrest warrant is often issued, and an arrest will made. The district attorney will file a Petition to Revoke or a Complaint to Revoke Probation, and the defendant must then appear at a hearing at the Weld County Court. Here, following a plea or a court finding that Probation was violated, one of two things can happen: the judge may decide to give the defendant a second chance and reinstate his or her probation, or the judge can send the defendant to the Weld County Jail or a Colorado prison. Because of the possibility of Weld County Jail or Colorado prison time, having a skilled probation lawyers aggressively fighting for you so your probation isn’t revoked, is essential.