This is a question often asked by many people. The answer is yes–it is possible to opt for probation instead of jail in Denver.
What Is Probation?
Simply put, probation is an alternative to incarceration. The conditions for probation, however, it depends on the charges brought before a court and may vary from case-to-case.
The following are common conditions for probation:
- Suspended sentence
- No further criminal activity
- Reporting regularly to the assigned probation officer
- Avoidance of alcohol and drugs
- No possession or ownership of firearms
- Payment of supervision costs
- Electronic monitoring
Who Can Qualify for Probation?
All defendants are eligible for probation except for the following reasons: If the defendant has more than two prior convictions resulting from two separate incidents. The second reason is if the conviction is classified as class 1 felony or class 2 petty offense.
The chances of getting probation instead of jail time also depend on the type of criminal defense attorney representing you. Kevin Cahill’s criminal defense attorneys have helped many people in Denver to get probation instead of jail. Follow tips to avoid probation violation in Colorado.
The defendant is usually given a chance to seek probation during the sentencing hearing. If that’s not the case, they can still ask for probation or other alternative sentencing after serving part of the prison or jail sentence.
What Is the Difference Between Supervised and Unsupervised Probation?
It is always important to understand the difference between supervised and unsupervised probation. Your attorney will be the best-placed person to advise you properly on how the two operations to avoid being caught on the wrong side of the law.
If the court grants you supervised probation, you will be required to report to your probation officer directly. This is unlike unsupervised probation, where you are required to report directly to the sentencing court.
Unsupervised probation is more convenient. Besides, defendants get to pay fewer fees compared to supervised probationers.
How Long Does Probation Last?
This will depend on individual cases. However, most probations last for between three months and two years. It is, therefore, important to have an attorney who will help get shorter probation time for you.
Is It Possible to Be Released From Probation Earlier Than the Assigned Period?
It is very much possible to get off probation earlier than expected. It will, however, be determined by your conduct during the probation period. Probationers who are compliant with probation terms can apply for early release.
What Happens If Someone Violates Probation Terms?
If a probationer goes against the set probation terms, then they can be arrested on a “no bond” warrant. This means you will lose probation and get your original prison or jail sentence.
There will be a revocation hearing in court where the defendant is given a chance to argue against the revocation of his or her probation.
In case the violation was minimal, the judge will give you a second chance and reinstate the alternative sentence. However, you need a good attorney to represent you in such a case.
Can a Probation Officer Come to Your Home?
It depends. Sometimes visits can be scheduled to have the PO come at your residence. They can also show up without prior notification. In situations where there are no home visits, a probationer will be required to see the PO at the probation department or through the phone.
Are PO’s Allowed to Search My House?
It depends on the type of case. This is where the services of an attorney are important. A probation officer will have to prove beyond a reasonable doubt that there is contraband or drugs at your home for – him or her to conduct a search without a warrant.
Kevin Cahill Can Help Today
When it comes to getting probation instead of jail time, there are many options. Working with an experienced attorney should be your first step to protect your rights and your future.
Speak with our team today (720) 734-9704 to learn more about how our team can help over a confidential consultation.