Early Termination of Probation in Colorado Criminal Cases (CRS 18-1.3-204)

Early termination of probation may be available to Colorado defendants who have completed their sentencing terms ahead of schedule. Getting off probation early is not automatic. Defendants need to file a motion with the court as well as notify the probation officer and district attorney. The judge may then hold a hearing on the matter and release the defendant from probation if “good cause” is shown.

Motion for Early Termination of Probation

To receive early termination from probation under CRS 18-1.3-204, a defendant must file a motion requesting it. The motion must include:

• the defendant’s name;
• the case number;
• the defendant’s attorney;
• the defendant’s sentencing date; and
• the defendant’s expected termination date of probation.

Reasons for Early Release from Conditions

To request early termination in a Colorado criminal case, a person must state a reason for the request. A person may state any of the following as a reason for early release:

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

Why Would I Want to Terminate My Probation Early?

A person may wish to terminate probation early for a number of reasons, including:

• saving money on probation fees;
• saving money on drug and alcohol testing costs;
• gaining freedom from unnecessary restrictions;
• less stress;
• eliminating check-in’s and other annoying requirements; and
• regaining freedom to travel without restrictions again.

How Will the Court Decide Whether to Grant Early Release?

The court will consider various factors when deciding whether to grant a defendant early release, including:

• compliance with alcohol and drug testing;
• compliance with counseling requirements;
• the opinion of the district attorney;
• recommendations of the probation officer;
• the amount of time remaining on probation;
• payment of fines, fees, and costs; and
• the defendant’s criminal history.

Below, our Colorado criminal defense attorneys discuss the following frequently asked questions about the early termination of probation for Colorado residents:

• 1. What is probation in Colorado?
• 2. When can I be released from probation early?
  
  • 2.1 Is there a certain amount of time I have to serve before requesting early termination?
• 3. How do I request early termination of probation?
  
  • 3.1 Do I have to attend a hearing to request early termination of probation?
• 4. What reasons do I have to give to be released early from probation?
• 5. Why should I request early termination of my probation?
• 6. How will the court decide whether to grant me early release?

1. What is probation in Colorado?

Probation is an alternative to incarceration. Defendants are often placed on probation as part of a plea agreement. If you are placed on probation, you will not have to go to or remain in prison or jail, subject to:

• Supervision by the Colorado Probation Department for the county in which you reside; and
• Compliance with the terms of your probation placed on you by the court.

2. When can I be released from probation early?

CRS 18-1.3-204 is the Colorado code section which describes the process for early termination of probation. In Colorado, a person may be released early from probation at the discretion of the court if:

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

A hearing may be held if either the defendant or district attorney requests it. At such time, the judge may reduce the term of probation or alter the conditions or impose new conditions.¹

2.1 Is there a certain amount of time I have to serve before requesting early termination?

No. While a court may consider the amount of time a person has spent on probation when making its decision, there is no specific amount of a time a person must first serve before requesting early termination of probation.

3. How do I request early termination of probation?

To receive early termination from probation, a defendant must file a motion requesting it.² The motion must include:

• the defendant’s name;
• the case number;
• the defendant’s attorney;
• the defendant’s sentencing date; and
• the defendant’s expected termination date of probation.

Each court has its own form, and you can acquire the correct form from your attorney.

3.1 Do I have to attend a hearing to request early termination of probation?

Maybe. A hearing on the motion is not required, unless either the district attorney or the defendant requests a hearing. If a hearing is requested, it is then required. At the hearing the defendant, with his or her attorney, will:

• request the early termination;
• provide proof of compliance with probation conditions;
• provide proof of payment of all fees, court costs, and restitution; and
• argue against the district attorney if he or she challenges the request.

4. What reasons do I have to give to be released early from probation?

To request early termination, a person must state a reason for early termination. A person may state any of the following as a reason for early release:

• the defendant has completed all conditions of probation (for example, community service hours, classes, treatment, etc.);
• the defendant has paid all fines, fees, court costs, and restitution;
• the defendant has not re-offended or had any contact with law enforcement since sentencing;
• the defendant has been compliant with monitored sobriety with no missed or positive tests;
• his or her probation officer has no objection to early termination; or
• for another reason which the defendant may provide.³

If the defendant wishes to give another reason, he or she must describe that reason with specificity.

5. Why should I request early termination of my probation?

A person may wish to terminate his or her probation early for a number of reasons, including:

• saving money on probation fees,
• saving money on drug and alcohol testing costs;
• gaining freedom from unnecessary restrictions;
• less stress;
• eliminating check-in’s and other annoying requirements; and
• regaining freedom to travel without restriction again.

Once a person has completed the major requirements of probation, it makes no sense to continue to pay the monthly cost of being on probation, when you have already paid your due.

Example: As part of a plea bargain, Chris was sentenced to probation for two years after a Colorado DUI. After 11 months, he had completed all of his major requirements, including the payment of all fees and costs. However, if he did not request early release, he would have to serve 13 more months of probation, at a $50 a month fee. There was no reason to continue this, so Chris hired an attorney to get released early, saving him money and allowing him to travel to see family on the beach in California.

6. How will the court decide whether to grant me early release?

The court will consider various factors when deciding whether to grant a defendant early release, including:

• compliance with alcohol and drug testing;
• compliance with counseling requirements;
• the opinion of the district attorney;
• recommendations of the probation officer;
• the amount of time remaining on probation;
• whether the defendant’s early release is in the best interests of the community;⁴
• payment of fines, fees, and costs; and
• the defendant’s criminal history.

Each of these factors may be considered in deciding to either grant or deny the motion.

Our Colorado criminal defense lawyers create attorney-client relationships throughout the state, including Greeley, Colorado Springs, Arapahoe County, and Denver Colorado. Give us a phone call or fill out our contact form to discuss how we can help your case. We defend against all types of misdemeanor and felony criminal charges charges, from DUI and DWAI to domestic violence and theft.

For cases in California or Nevada, please visit our pages on Early Termination of Probation Cases in California Criminal Cases and “Early Termination of Probation” in Nevada.

We represent clients in and around Denver, Colorado Springs, Aurora, Fort Collins, Lakewood, and several nearby cities.

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