• Your conviction is for a class 1 felony or a civil infraction; or
• You have two or more prior felony convictions arising out of separate episodes.

Judges tend to grant probation in cases involving non-violent, low-level, first-time offenses, such as:

• Drug possession,
• Petty theft,
• Vandalism,
• Trespass, or
• DUI.

We typically request probation during your sentencing hearing. In some cases, the Probation Department prepares the judge a “presentence report” giving their recommendations for your sentence.²

When arguing for probation, we spotlight that:

• You are not a flight risk or a public safety risk,
• You are remorseful and want to reform,
• The nature of your offense does not justify incarceration,
• Your criminal record is otherwise clean or minimal, and
• You have strong family and community ties.

3. Can I get probation for my DUI?

Judges commonly grant probation in DUI cases. There should be no jail if:

• The case is a DUI-first or DWAI-first; and
• Your blood alcohol content (BAC) was below 0.20%.

Otherwise, some jail will be mandatory:

Colorado drunk/drugged driving charge	Minimum jail with a probationary sentence
First-time DUI or DWAI with a BAC of less than 0.20%	None
First-time DWAI with a BAC of 0.20% or more	2 days
First-time DUI with a BAC of 0.20% or more	5 days
Second-time DUI	10 days
Third-time DUI	60 days
Fourth-time DUI	90 days3

Typical probation terms specific to DUI cases include:

• DUI school (Level I or Level II alcohol education classes),
• Victim impact panel,
• Substance abuse evaluation and treatment,
• Driving with an ignition interlock device (IID), and
• Driver’s license suspension.

Most of these terms are monitored by the Probation Department’s Alcohol Drug Driving Safety Unit (ADDS).

4. What is the difference between supervised and unsupervised probation?

With supervised probation (also called felony probation), you report directly to your PO. With unsupervised probation (also called misdemeanor probation), you instead report straight to the court.

Therefore, unsupervised probation is more convenient. It is also cheaper since you you do not have to pay the monthly $50 supervision fees. Judges usually grant unsupervised probation when you are convicted of the most minor offenses.⁴

There is also a class of probation called intensive supervised probation (ISP) for defendants the court wants to monitor closely. ISP typically involves:

• Electronic monitoring
• Strict curfews
• Frequent – sometimes daily – check-ins with the PO
• Avoiding contact with certain people or locations without approval

5. How long does probation last?

It varies by case. For misdemeanor charges, probation typically one to two years, but it can go as long as five years. Felony probation can last even longer, though it is usually two to ten years.⁵

Factors the judge considers when setting the length of probation include your criminal history and the seriousness of the crime.

6. Can I get off probation early?

If you have been compliant, you may be eligible for early release.⁶ Learn more about applying for early termination of probation in Colorado.

7. What happens if I violate the terms?

If you are lucky, your probation officer will just give you a warning not to violate probation again. Otherwise, your PO may arrest you, or the court can issue a “no bond” warrant for your arrest.

The court will hold a probation revocation hearing. There, you may argue against having your alternative sentencing revoked. The district attorney may argue to remand you to jail.

If the probation violation was minimal, the judge may consider giving you a second chance and reinstating the probationary terms.⁷ If your probation is revoked, you could be returned to custody to serve out your original sentence.

8. What happens when I complete the terms?

Upon your successful completion of every condition of probation, the judge should close your case.

If you were granted a deferred sentence, the charges may then be dismissed or reduced.⁸

9. How do I find my probationary status?

Depending on the county, it may be available on the court website. Otherwise, you can call the local probation department for the latest information.⁹

Look up Colorado courts by county.

Look up Colorado’s probationary departments by county.

10. Does Colorado accept transfers?

Usually yes. Colorado participates in the Interstate Compact for Adult Offender Supervision. As part of this agreement, other states accommodate Colorado’s probationers, and vice versa.¹⁰

Learn more about transferring probation to or from Colorado.

11. How much does being a probationer cost?

Supervised alternative sentencing requires a $50 monthly fee. This is separate from any other fines, fees, and restitution the court may have ordered.¹¹

If you need a payment plan, your PO will connect you with the Collections Office to set up something that is workable for you.

12. Are probation criminal records public?

Yes, unless you are a juvenile (under 18). You can contact the local probation department or else look up the case on the court website.¹²

Look up Colorado courts by county.

13. Do POs come to my home?

In some cases, yes. Sometimes these visits are scheduled. Other times POs show up without prior notice. Depending on the case, POs may conduct an alcohol or drug test on you.

You may be required to check in with the PO at the probation department or by phone in cases without home visits.¹³

14. Can POs search my house?

It varies by case, so you should discuss this with your attorneys. Typically, POs need “reasonable suspicion” that there may be contraband in the home in order to search it without a warrant. Contraband includes firearms or drugs.^14–2

15. Can POs track my cell phone?

Usually not unless the PO has a valid warrant or court order.¹⁵

16. Can you look up someone’s PO?

Yes, you can call the local probation department to get a PO’s name. The only exception is for juvenile defendants (under 18) — that information remains confidential.¹⁶

Look up Colorado’s probation departments by county.

17. How does probation compare to parole?

Parole and probation are both types of supervised release. They both have similar terms, and if you violate them, you face incarceration.

Judges usually grant terms of probation instead of jail. (Though in some cases, jail is still required.) If you have a misdemeanor case, you may get misdemeanor probation. If you have a felony case, you may get felony probation.

In contrast, parole follows a prison sentence with the Colorado Department of Corrections, and parole is available only in felony cases. If you are an inmate, you may get released early on parole.

In 2019, the Colorado Supreme Court held that courts may never sentence a defendant to both prison and probation terms for the same case.¹⁷

18. Can sex offenders get probation?

It is possible.

If you are granted probation for a felony sex offense, you get placed on SOISP (Sex Offender Intensive Supervision Probation). SOISP has three phases you move through based on your progress. The terms may involve:

• Treatment with a Sex Offender Management Board (SOMB) certified therapist,
• Frequent check-ins and home visits,
• Polygraph tests,
• Risk assessments,
• Location monitoring with an ankle bracelet,
• Urine tests, and
• Safety planning.

If you are granted probation for a misdemeanor sex offense, you also have to complete treatment and abide by various restrictions based on your risk level.

19. Can juveniles get probation?

Whenever possible, Colorado juvenile court judges try to place young defendants on probation rather than in juvenile hall. Whereas adult court is meant to punish defendants, juvenile court is geared more toward rehabilitation.

Juvenile probation has many of the terms that adult court does, such as PO check-ins, staying sober, and avoiding trouble. Other terms of probation include:

• Attending school with no unexcused absences, and
• Abiding by house rules as set by parents (or guardians).

Meanwhile, juvenile sex offenders are typically sentenced to up to two years of probation and treatment in addition to any other terms and conditions.

20. Am I allowed to move homes within Colorado?

In most cases, you should be able to move to another part of Colorado as long as you get permission from the Probation Department beforehand. All of Colorado’s 22 Judicial Districts have probation departments that can oversee your probationary sentence.

21. Is community corrections the same as probation?

Community corrections is a condition of probation. It is a program that allows you to remain out of custody in a residential facility (halfway house) as long as you maintain employment, stay sober, and complete treatment.

In short, community corrections is meant to help you transition back into the real world. 

22. Is restorative justice the same as probation?

No. Restorative justice puts you face to face with the victim(s) of your crime and community members, and a trained facilitator helps you work out a favorable resolution for everyone.

Eventually, you sign a contract where you agree to complete certain terms, such as paying restitution and undergoing treatment. The best part of restorative justice is that once you complete your obligations, your charge is dismissed and sealed.

To apply for restorative justice, ask your attorney to talk with the district attorney. Candidates are accepted on a case-by-case basis.

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Legal References