In Weld County, Probation is an alternative to jail or prison. If you are charged with Misdemeanor and Felony Probation Violation you will need an attorney to navigate your criminal court, possible sentences revert back to all of the options from your original sentence.
What Convictions are Eligible for Felony Probation in Greeley, Colorado?
In Greeley, Colorado, if an offender is found guilty or pleads guilty to the following list, they can apply for Probation. The convictions which are eligible for Probation include a Class 6 felony, Class 5 felony, Class 4 felony, Class 3 felony, or Class 2 felony.
However, if an offender has been convicted of two or more prior felony offenses anywhere in the United States and the current conviction is one of the ones listed below, they are not eligible for Probation:
- First- or second-degree assault
- Sexual assault or sexual contact
- First or Second Degree Kidnapping
- Many Sexual Assaults
- First degree arson
- A felony against a child
- Failure to register as a sex offender
- Aggravated Robbery
- Theft from the person of another
- First- or second-degree murder
- Manslaughter
A person’s ineligibility for probation can be waived by the court upon recommendation of the district attorney. Conviction under this law does not include a prior deferred judgment. C.R.S. 18-1.3-201.
In Weld County, What Convictions are Eligible for Misdemeanor Probation?
If an offender in Weld County is convicted of a misdemeanor offense, they will likely be eligible for Probation. They are not eligible for Probation if they have had two prior felony convictions anywhere in the United States. Also, probation is not eligible for 2 classes of crimes – one on the high end and one on the low end. These are: a class 1 felony offense or a class 2 petty offense.
What are the Conditions of Misdemeanor and Felony Probation in Greeley, Colorado?
Terms of Misdemeanor and Felony Probation Conditions in Greeley, Colorado are set by the judge and are dependent on the individual details of the cases. Most of these conditions are similar whether the offense is a felony or misdemeanor. Common conditions of Probation can include:
- not committing other crimes
- limits on where you can travel
- following the terms of a protective order
- reporting regularly probation officer
- no use of drugs or alcohol of any kind
- regular drug and alcohol testing
- no ownership or possession of firearms or other weapons
- attendance at mandated classes (anger management, treatment classes)
- electronic monitoring
Special conditions might include things like: no employment where you work with money (for financial crimes), no entry or on-line activity related to gambling (for those with gambling additions) and no use of the internet (for cases where the internet was used to commit a crime or would be in the future).
Generally speaking, any condition which helps prevent you from committing further offenses, or to make amends for the current offense, is fair game for a judge to order as a condition of probation.
What Happens if I Violate My Probation in Weld County?
In Weld County, if a person violates any of the conditions of their Probation, they can be arrested and taken into police custody. A “Motion to Revoke Probation” is usually filed first. Next, there is a hearing where a judge will determine if the Probation terms were violated. If it is found that a Probation was violated, a judge can revoke Probation and have the offender serve the remaining sentence in the Weld County Jail or DOC. The judge can also add or change the conditions to the Probation as a response to the violation as well. Finally, the judge can revoke and reimpose probation, if he or she feels the defendant has a good chance of success in the future.
Our attorneys know their way around probation cases. They are familiar with combating accusations, clearing up misunderstandings, bringing the truth of the situation to light, and even scaling down the potential consequences for a probation violation.
If you or someone you love has been accused of Violating their Probation in Greeley or Weld County, be smart, and contact our experienced Probation revocation attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
Image by Daniel Vanderkin from Pixabay