Early Termination of Probation in Colorado
In Colorado, a person who has been serving a probationary sentence may motion the court for early termination of their probation. Notice of the defendant’s motion must be given to both the district attorney and the probation officer. The judge may hold a hearing on the matter if either the district attorney or the defendant requests it. The ability to request early termination is set forth by statute.
It’s important for a defendant to comply with all terms and conditions of their probation in order to give them the best chance at obtaining early termination. Although not limited to DUI or DWAI cases, often times defendants will request early termination in these matters once they have completed their alcohol classes, MADD panel, community service and paid their fines and costs.
A defendant can save a lot of money that would’ve otherwise been spent on probation fees, alcohol and drug testing, and electronic monitoring if she is able to successfully terminate early. Terminating early also returns a sense of freedom to a defendant and she will no longer be burdened by the stress of being “on probation” and the associated restrictions of periodic check-ins, restrictions on out of state travel, and the time commitment required to devote to probation conditions, etc. Early termination also eliminates any danger of a future complaint to revoke probation stemming from a technical violation of probation or a new criminal charge.
A Court may consider a number of different factors including, but not limited to, compliance with UA or BA testing, compliance with any counseling requirements, whether or not the defendant complied with all probation meetings, the opinion of the district attorney regarding early release, the opinion of the probation officer regarding early release, the defendant’s criminal history, the opinion of the victim in the case if there is one, how many months of probation the defendant has remaining, whether or not the defendant has completed at least 50% of the probationary sentence, the status of court fines and costs, and all other factors regarding compliance with the sentence. A defendant does not have to complete at least 50% of his sentence prior to consideration for early termination, however some judges use the 50% mark as a rule of thumb. Other judges do not, and will consider shorter (or longer) time periods. Some judges in certain jurisdictions in Colorado will release a defendant from a DUI or DWAI case as soon as all of their requirements are completed, regardless of the length of the original probationary time period.
If you or a loved one is currently serving a probation sentence and would like to pursue early termination of probation, contact Denver and Greeley Criminal Lawyer Monte Robbins for a free case evaluation at 303-355-5148 or 970-301-5541. Colorado Criminal Attorney Monte Robbins has experience in helping clients build the best case possible to present to the court for early termination of probation.