Felony probation in Colorado is an alternative to jail or prison. You can be eligible to apply for probation rather than incarceration after a conviction or guilty plea to a criminal offense.

Eligibility for Felony Probation

You are eligible to apply for probation except if you are:

• convicted of a class 1 felony;
• convicted of a class 2 petty offense; or
• convicted of two or more felonies in Colorado or any other state.

Felony Probation Conditions

Felony probation conditions are determined by the sentencing judge and are at their discretion. The conditions can cover a wide range of things you must or cannot do.

Failure to follow these strict guidelines can result in a violation, which could lead to revocation of your probation.

Below, our Colorado criminal defense lawyers discuss the following frequently asked questions about felony probation for Colorado residents:

• 1. Who is eligible for felony probation in Colorado?
• 2. What are the common conditions of felony probation?
• 3. What happens if I violate the conditions?
• 4. Do I have to report to a probation officer?
• 5. Can I request early termination of probation?
• 6. Am I required to pay the costs of probation?
• Additional Reading

1. Who is eligible for felony probation in Colorado?

You can apply for probation after you are convicted of or plead guilty to a felony.

You are not eligible for probation if:

• You have two or more prior felony convictions arising out of separate and distinct criminal episodes under the laws of Colorado, any other state, or the United States; and
• Your current conviction or a prior conviction is for:
  • First- or second-degree murder;
  • Manslaughter;
  • First- or second-degree assault;
  • First- or second-degree kidnapping;
  • Sexual assault or sexual contact;
  • First-degree arson;
  • First- or second-degree burglary;
  • Robbery;
  • Aggravated robbery;
  • Theft from the person of another;
  • Any felony offense committed against a child; or
  • Any criminal attempt or conspiracy to commit any of the offenses set forth above.¹

This means you can still be eligible if you are convicted of a:

• Class 6 felony;
• Class 5 felony;
• Class 4 felony;
• Class 3 felony; or
• Class 2 felony.

Learn more in our article Colorado felony sentencing guidelines.

2. What are the common conditions of felony probation?

Conditions depend on the judge’s choices and usually on the facts of your individual case.

Common conditions include but are not limited to:

• regular reporting to the probation officer;
• not committing any other crimes;
• restitution payments to any victims;
• regular drug and alcohol testing;
• electronic monitoring (ankle bracelet);
• not leaving the county, state, or other territorial limitation;
• no use of non-prescription drugs, illegal drugs, alcohol, or medical marijuana;
• no ownership or possession of firearms or other weapons;
• attendance at and completion of drug counseling, anger management, or other classes; or
• following the terms of a protective order.²

Overall, the conditions of probation are whatever the court in its discretion deems reasonably necessary.

Other conditions which could be imposed include:

• maintaining regular employment;
• attending school, college, or vocational training;
• paying costs of court proceedings;
• allowing the probation officer to search your car, home, or other places;
• providing financial support for your family;
• quickly notifying the court of changes in your address or other information change; and
• abiding by a curfew imposed by the court.

How long will my supervision last?

A Colorado judge can set the length of probation as long as they believe is necessary to punish and rehabilitate you. Unlike with misdemeanor or petty offenses, felony probation is not limited to 5 years.

Instead, the period of time can be so long as the judge decides is necessary.

What is the difference between felony and misdemeanor probation?

Here is a helpful chart comparing the two types of probation:

3. What happens if I violate the conditions?

If you violate the terms of probation, you:

• could be arrested on a “no bond” warrant and
• taken into police custody.

The prosecutor can also file a “Motion to Revoke Probation” for violating the terms of felony probation. A hearing will be held to determine whether you actually violated the conditions. At that hearing, evidence will be presented about the alleged violations.⁴

After the judge hears the case, they can:

• find that you did not violate the conditions of felony probation;
• revoke your probation and send you to jail or prison on the remaining sentence; or
• the judge can continue your probation but change the terms or add additional terms and restrictions.

The potential jail time for a felony probation violation is the amount of custody time remaining on your suspended sentence, or the maximum term for the conviction offense.

Will I get a jury at my violation hearing?

No. Unlike a criminal trial where a jury is guaranteed by the Constitution, probation violation hearings do not have juries.

The judge will listen to the evidence and make decisions based upon it.⁵

What is the standard of proof in a violation hearing?

The standard of proof in a violation hearing is not as high as the actual criminal charges, which must be proved “beyond a reasonable doubt.”⁶

Instead, violation hearings are subject to a lesser standard of proof, a “preponderance of the evidence” standard. If the judge is convinced that you committed the violations more than they are convinced that the violations were not committed, this is enough.

4. Do I have to report to a probation officer?

A probation officer is an employee of the government who:

• supervises you;
• meets with you; and
• makes recommendations to the judge concerning probation.

Regular reporting to the officer is almost always a condition set by the judge.

Failure to meet with the probation officer at scheduled times can result in a violation of the terms of the supervision. It is incredibly important not to be late to or miss scheduled appointments.

What happens if I do not meet with my supervisor?

Failure to report to your probation officer will almost certainly result in a violation of your felony probation. This is very serious and will likely lead to additional penalties.

Regular attendance is a key part of keeping out of prison.

5. Can I request early termination of probation?

You may apply for early termination of felony probation after certain conditions are met.

You can be released early if:

• good cause is shown; and
• after notice is given to you, the district attorney, and the probation officer.⁷

A hearing will likely be held to determine:

• if you have met all of the conditions; and
• whether the court believes it is appropriate to allow for your early release.

How do I request early termination?

To receive early termination from felony probation, you must file an appropriate motion.⁸ The motion must include:

• your name;
• the case number;
• your attorney;
• your sentencing date; and
• your expected termination date of probation.

Each court has its own form, so you should contact your attorney to make sure the right form is used.

What reasons can I use to justify early release?

You must list a reason or reasons to justify early termination of probation. Any of the following may be reasons to terminate early:

• you have not re-offended or had any contact with law enforcement since sentencing;
• you have completed all conditions of probation (for example, community service hours, classes, treatment);
• you have been compliant with monitored sobriety with no missed or positive tests;
• you have paid all fines, fees, court costs, and restitution;
• your probation officer has no objection to early termination; or
• for another reason which you may provide.⁹

If you wish to give another reason, you must describe that reason with specificity.

6. Am I required to pay the costs of probation?

You are required to accept and pay the costs of your probation supervision as a condition of supervision.

These costs can add up, especially when you are on electronic monitoring or are engaged in addiction classes. Failure to pay can be considered a violation in some cases.

However, if you are struggling financially to meet your obligations, courts are typically willing to work with you so long as there is a good faith effort to pay on time.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Civil Consequences of Conviction for a Felony – Drake Law Review.
• Appellate Review under the New Felony Sentencing Guidelines: Where Do We Stand – Cleveland State Law Review.
• Challenges to Felony Disenfranchisement Laws: Past, Present, and Future – Alabama Law Review.
• Taking Aim at Felony Possession – Boston University Law Review.
• Villainy and Felony: A Problem Concerning Criminalization – Buffalo Criminal Law Review.

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