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Probation in Arapahoe County and Douglas County – What Terms and Conditions of Probation are Legal?

| Oct 5, 2016 | Probation |

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Probation Terms and Conditions in Arapahoe County and Douglas County – What is Legal and Illegal?

Sometimes people wonder what an Arapahoe County judge can legally require them to do while on Probation. In reality, the scope of Douglas County probation terms and conditions is quite broad. Sometimes people are surprised. Let’s examine the law and figure out what a judge can legally make you do, if you apply for probation in Colorado. Remember, probation is not required. You don’t have to take it. Most people consider it a better alternative to jail, so they are glad to comply.

Adams County and Denver County Probation Conditions and Requirements

Commonly, judges in Adams County order defendants in criminal cases to abstain from alcohol, drugs, and to obey a protection order preventing contact with the alleged victim. In addition to these terms, judges use a wild card located at C.R.S. 18-1.3-202, which allows them to require probation Rules and conditions “as it deems best”. Under Denver probation rules, there is also a maximum period of five years of probation for a misdemeanor. C.R.S. 18-1.3-204 says that any probation conditions from a judge “must be reasonably necessary to ensure that the probationer will lead a law abiding life and assist the defendant in doing so”. This leaves a pretty wide range of rules which judges can impose, with the threat of jail or prison if you don’t do them.

Probation Interstate Compact Transfer to Another State from Colorado

If you are from another state and are convicted of a crime in Colorado, you can ask your home state to receive and supervise you on probation in your state. Both Colorado and the home state probation departments and officers must agree to this arrangement. Generally, there are detailed rules on this procedure, from a probation Compact Agreement.

Probation with Jail – Jail as a Condition of Probation in Jefferson County

If you desire to be placed on probation, but the DA and judge want a punitive sanction of some jail time, you can be ordered to serve some time in the Jefferson County Jail as a condition of probation. Yes, this seems weird, but the two can go together under Colorado law: jail and probation. Fortunately, there are strict limits on how much you can be required to serve:

  • 90 days for a felony
  • 60 days for a misdemeanor
  • 10 days for a petty offense
  • or two years for a work release sentence

Following your short jail sentence, you will start regular probation. Remember, if you violate any terms and conditions of your probation sentence, the judge can give you a lengthy county jail or prison sentence, depending on the possible sentence for the class of crime you were convicted of.  Before this resentencing can occur, you will be entitled to a probation revocation hearing.  Our Jefferson County Criminal Attorneys frequently represent people at these hearings.  Read about Probation Revocation Hearings.

Our probation lawyers are available to meet with you at no charge to discuss your situation. If you need a friend you can trust, call us at 303-731-0719. We look forward to meeting you! Together, we can protect your future.

Image Credit: FreeDigitalPhotos.net – JanPietruszka