At the Larimer County Court, some defendants who are convicted / found guilty of a crime are sentenced to probation. When this happens, the defendant is released into society rather than incarcerated at the Larimer County Jail or Colorado Department of Corrections. The probationer – the person serving a probationary sentence – must follow several different conditions of probation throughout the entirety of his sentence. If he does not, he could face the possibility of probation revocation, and he will be sentenced according to the original crime committed. To learn more, read these top probation FAQs answered by the best Fort Collins criminal defense lawyers:
1. What is Probation in Fort Collins?
In Fort Collins, probation is a sentencing alternative that is given to some defendants instead of incarceration at the Larimer County Jail or Colorado Department of Corrections / DOC. The intent is to rehabilitate offenders and give them the opportunity to grow past their mistakes. Probation allows a person to live at home and maintain employment while following several conditions. A person sentenced to probation – referred to as a “probationer” – is assigned to a Probation Officer / PO. The probationer must routinely check in with the PO throughout his sentence, who holds him accountable for any violations of his probation.
2. How is Probation Granted at the Larimer County Courts?
Probation is granted at the discretion of the judge presiding over a defendant’s case at the Larimer County Courts when the defendant pleads guilty to the crime she committed. In some cases, before the defendant’s sentencing hearing, the Probation Department prepares a presentence report for the judge. This report contains an array of information on the defendant – the offense she committed, socioeconomic background, educational level, and many other pieces of information. The judge uses this report to determine the most appropriate sentence for the defendant. If the defendant is likely to succeed in probation and not pose a danger to society, the judge will sentence her to probation or another alternative sentence.
3. What are the Conditions of Probation in Loveland or Estes Park?
The conditions of a probation sentence vary from case to case in Loveland and Estes Park. Conditions are imposed based on the offense the probationer committed. Some conditions that a probationer will have to follow may include:
- Remaining law abiding – i.e., not committing any new crimes
- Regularly checking in with her Probation Officer
- Submitting to and passing regular drug tests
- Engaging in mental health treatment
- Going to classes on anger management or victim empathy
- Paying restitution to the victim(s)
Conditions are determined by the judge presiding over the defendant’s case when she is sentenced to probation. If you are serving probation and have questions about the conditions you must follow, it is wise to contact a top criminal defense lawyer who can assist you.
4. What Happens if I Don’t Follow the Conditions of Probation in Fort Collins?
You can face serious consequences if you don’t follow the conditions of probation in Fort Collins. Depending on the violation, your Probation Officer / PO may let it slide, impose additional requirements, or file a Motion to Revoke Probation. If the PO files a Motion to Revoke, you will then be subject to a hearing at the Larimer County Court. This hearing determines whether you can continue to serve probation, or whether your probation should be revoked. If your probation is revoked, you may be sentenced to incarceration at the Larimer County Jail or Colorado DOC. The time you will be required to spend incarcerated depends on the original offense you committed when you were sentenced to probation.
Do you have questions about probation? Contact an experienced criminal lawyer at the O’Malley Law Office today at 970-658-0007 to discuss your case to have the best possible chance of getting on probation. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Ekaterina Bolovtsova