Handbook On Information Success On Probation – How To Avoid A Probation Violation In Colorado
By H. Michael Steinberg – Colorado Probation Violation Lawyer – Attorney
A Handbook On Information Success On Probation – How To Avoid A Probation Violation In Colorado – The fear of being arrested for a probation violation and being incarcerated on a “no bond” hold should be enough to drive individuals sentenced to probation in Colorado to take steps to prevent this frightening reality from occurring. This article is intended to help persons avoid what for some may be inevitable.
How to Succeed on Probation? COMMUNICATE WITH YOUR PROBATION OFFICER – (PO)!
First ask yourself – how did I get in this position.. Why is my Probation Officer about to have me arrested? What prompted this probation violation (PV) and the need for my arrest by warrant?
The difference between a violation and the loss of your freedom is essentially choosing to bury your head in the sand and take the ” I didn’t know” – “she didn’t call me” approach.
Don’t Miss Your Meetings – Ever!
Failure to report as directed is one of the first priorities while on probation. It is the meeting with your PO where he or she monitors and assesses your progress towards completing your conditions of probation. You need to remember when to report. Missing any meeting is a waste of the probation officer’s time – and quite frankly sends the worst possible message about your intent to cooperate with the Court’s orders/
It is your responsibility, not the PO’s, to remember when to report.
Other Serious Violations Of Probation
- Arrests on other crimes.
- Failure to make payments towards costs, fines, and or restitution.
- “Hot” B/A’s and U/A.’s are grounds to seek revocation of your probation.
- Failure to perform public service hours.
- Failure to attend domestic violence, alcohol, behavior modification, drug and other forms of treatment.
Here’s “The Rub” – If You Have Communication With Your Probation Officer…
If you have a good relationship with your probation officer – it wil go a long way to reversing “mistakes” made while on probation – even to the extent of the alleged commission of a new crime. If you are on good terms with your PO – maybe even to the extent ot being “friends” with him or her… they have the authority and the power to essentially “help you” through a violation and may even decide NOT TO VIOLATE your probation sentence at all.
Don’t Be Misled – Community Safety Still “Trumps” Rehabilitation
Many years ago – the number one priority of probation was the rehabilitation of the offender. Today it is public safety through the monitoring and enforcement of conditions of supervision. So the focus now is on whether you pose a threat to the community.. If you are talking to your PO – that his the single best method to persuade them that you are NOT out there posing a threat to anyone.
Having said that -little else has changed. Cooperation and compliance with conditions of probation supervision in Colorado is about making the right choices, as well as the decision to have a relationship with the PO based on open communication and mutual respect.
A Handbook On Information Success On Probation – How To Avoid A Probation Violation In Colorado
What Does A Probation Officer Do Exactly?
Your PO has the following responsibilities. Knowing them – understanding them should help you in this process:
First to meet with you and review and explain the conditions of your probation supervision.
Next – they must help you to figure out just HOW you can complete these conditions of probation – what are the tools that you will need?
Next – they must make the right referrals to local community resources and services available to you to satisfy the special conditions of your probation.
They then will “:watch you” to monitor your compliance with these conditions to help keep you on track.
The Meetings with your PO are intended to review your progress with probation conditions.
Feedback from your PO will consist in warnings when they are needed to keep you headed in the right direction;
Finally – they make the decision – they are the primary person in the “decision tree” and here is the key, as to whether they will report violations of your probation to the Court and seek a warrant for noncompliance with conditions of supervision.
A Handbook On Information Success On Probation – How To Avoid A Probation Violation In Colorado – What Are Your Responsibilities While On Probation Supervision?
Obviously the key condition stay out of trouble. But here is a fairly comprehensive list of the others:
You must report as directed by your Colorado probation officer.
You must communicate with your probation officer by asking questions if you don’t understand something.
You must – and again – this is a major oversight that leads to arrests – ASK FOR HELP if you need help.
Call your probation officer WHEN you are having problems meeting the requirements of the conditions of probation.
Report even the most minor changes in your address, employment or social situation. Especially if you have ANY contact with law enforcement.. and don’t leave the state or the country without permission from your PO and or the Court.
“Man or Woman Up” You need to accept and take responsibility for your crime and the conditions of probation. Attitude is everything.
Be calm and respectful to your probation officer when you need to resolve any issues you nay be having – EVEN IF they have been “a jerk” to you.. This may be hard – but it is smart and it means being an adult. You may be right – but you will be right behind bars..
Try to be open-minded to suggestions of changes in your life – your PO probably means well. He or she is grossly underpaid for their caseloads so they must be doing the job for reasons other than those related to money. It has been my experience after 40 years on both sides of the courtroom – that they are there to help and not to hurt you..
Some Final CONCRETE Instructions – Suggestions For Dealing With Your Probation Officer in Colorado (for those who like lists)
1. Make A Good First Impression
2. Be on Time
3. Be Clean and Dress Right
4. Be Respectful And Use Your Best “Job Application” Manners
5. Take Responsibility for Your Crime(s)
6. Demonstrate Rehabilitation
7. Do NOT Fight Or Even Argue With Your Probation Officer
8. Report, Report, Report and ON TIME
9. Stay Sober
10. Do What You Told To Do – If You Cannot – Communicate Immediately
11. If Money Is Tough – Try To Pay At Least Something Every Time
12. Keep Track Of Your Progress and Upcoming Deadlines – And Stay As Organized As Possible.
Weld County has crafted an extensive flow chart for probation violations – I include here a link for you to study it as it may help to make clear the path you may be on at present. LINK TO CHART WELD COUNTY COMPREHENSICE PROBATION VIOLATION CHART
A Handbook On Information Success On Probation – How To Avoid A Probation Violation In Colorado
ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author – A Denver Colorado Probation Violation Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277.