
Photo by rawpixel on Unsplash
Can you get off probation early in Colorado?
Maybe.
Every person and case is different, but early termination of probation is possible in Colorado if the court decides to go this route. In Colorado, judges have the authority to release defendants from their probation before they’ve completed the full term. Generally, this means:
- You’ve paid off all your fines
- Completed at least half your probation
- Finished all court-ordered classes and treatment
In this article, we’ll explain a little bit more about how early termination of probation works in Colorado and help you understand if you might be a candidate for such an action. Bear in mind that the legal process can be quite confusing to navigate, which is why it’s often best to have the experience of a skilled attorney by your side who knows how to negotiate on your behalf.
Early Termination of Probation in Colorado: An Introduction
At the Law Offices of M. Colin Bresee, we often get calls from people who want to know what it takes to terminate their probation early. There are a few different factors that go into the early termination of probation.
1. Eligibility for Early Termination of Probation
First and foremost, you have to know if you are eligible for early termination of probation. This is usually told to you at the time of sentencing. For example, the judge will say, “You are sentenced to 2 years probation but early termination is possible after one year.” This means that you MUST complete at least a year of probation before you can even ask the court if they can terminate your probation early. Now, this doesn’t mean that you will automatically be approved for early termination just because you waited the required year.
2. Proof of Completion of the Terms of Probation
You also have to show that you have completed all of the terms of your probation. For example, if you were required to take alcohol classes, complete 24 hours of therapy, perform 36 hours of community service, plus pay all fines, costs, and restitution, you have to complete all of that before you can ask for early termination of your probation. If you still have fines and costs to pay but you have completed everything else, you will not be granted early termination.
3. Filing the Motion for Early Termination of Probation
Included in this article, is a sample motion-for-early-termination letter. You can print this out and fill in the information and file it with the court. This document is for Jefferson County, Colorado, so you’ll need to change it to match the county in which your case is in if it’s not in Jefferson County.
This form has you check off all the things you have completed in order for the court to know that you completed your conditions of probation. Remember, the judge will always get the input of your probation officer, so don’t try to lie about any aspect of this motion or you will be reprimanded and your request for early termination will be denied. You also must get permission from your probation officer to even submit this request for early termination. If the probation officer objects at all, your request will be denied. The requirements for this motion are as follows:
- Completing all conditions of probation (community service hours, classes, treatment, etc.)
- Paying all fines, fees, costs, and restitution (obtain a financial report from the court and attach)
- Avoiding instances of re-offending or having any contact with law enforcement since sentencing
- Remaining compliant with monitored sobriety with no missed or positive tests
- Affirming your probation officer has no objection to early termination
- Other requirements that that had to be completed
Reason You Might Be Denied Early Termination of Probation
Although it might seem like it’s easy to complete your requirements and get early termination from probation, there can be a number of reasons why the D.A., probation officer, or judge objects to your request. The best thing you can do is stay compliant and be cordial to your probation officer. For some people, it is hard to comply with all of the probation requests. However, probation is not meant to be easy. It is meant to be hard, and most courts do not want to release you from their jurisdiction. Do not give anyone a reason to object to your request for early termination and it is more likely that they won’t.
Termination of Early Probation: Keeping Compliant During COVID-19
If you have early termination on your sights, don’t let the coronavirus be the reason the judge or your probation officer declines your wish. If you can’t see your probation officer in person, are you supposed to be making regular phone calls or meeting on video chats? Are you supposed to be submitting urine samples or taking classes outside of a classroom setting? While these are certainly unprecedented times, you don’t want to slack off just because businesses are closed. Use this time to show that you want to be off probation and are willing to do everything in your power to fulfill your obligations.
- Call your probation officer on time every time and ask him or her for advice if your classes or other probation requirements aren’t currently in operation
- Borrow a friend’s phone or computer if you don’t have the ability to attend virtual classes otherwise
- Look for ways to fulfill your community service obligations with essential services that are still in operation. Homeless shelters and rescue missions, for example, are considered essential services and are still open during the outbreak.
If you have any trouble with getting released from probation contact an attorney. M. Colin Bresee is an experienced attorney and is familiar with the process of asking for early termination of your probation.
Example Motion for Early Termination of Probation
This is what the motion looks like. Follow the link below for a PDF of this motion.
Motion for Early Termination of Probation
Here is a link to a list of all the counties in Colorado that have probation departments.
For more information on topics like this, please visit the links below:
What are Probation Violation Consequences in Colorado?
zachary said
I have a question.
Are you a suing lawyer also? Because if you are I want to sue my attorney for not doing his job.
I never should have been convicted. He stonewalled me.
If you do not sue please give me numbers to Winning Lawyers.
Trina said
Does the same process or documentation apply for NC also?
Colin said
You will need to contact an attorney in NC for your answer. Mr. Bresee is only licensed to practice law in Colorado.
Jason said
Can you tell me what form I use for Westminster, CO. for early termination of probation? All I really find is the Jefferson county form but my case is the city of Westminster. If I use the Jefferson county form then do I take it to Golden or Westminster? I appreciate any help.
Colin said
Our office will reach out to you regarding your question. Thank you.
Sahil tanha said
I completed my one year of probation and now i want to finish my probation how much time it will take to finish the probation
j said
Is there any statue of limitations on probation violation? Is there a point when the court would just dismiss due to age? Can you ask the court to consider it?
Dustin said
Does California have a motion to terminate state parole (not probation) if so can you provide the motion number
Deb said
what does it mean when your P.O SENDS LETTER SAYING HE NEEDS YOY TO COME IN FOR PHOTO CAPTION
Jeff David said
I have three years probation I served 14 mouth 22 mouth is left so if is possible early release.and still I have restitution but I pay every month.
Lisa said
Do the same rules apply to sex offenders
Categories
Criminal Defense Practice Areas:
p: 303-377-0100
f: 303-534-0400
e: colin@bresee.com