Probation and Parole are very different in Colorado Courts. Probation is an actual sentence imposed by a criminal court judge on someone, instead of a jail or prison sentence. Parole occurs following a prison sentence – it is like a transition supervision after someone leaves prison. Prison in Colorado only occurs with felony crimes and a Weld County Jail sentence generally only occurs with a misdemeanor conviction. Let’s look at more differences below.
Probation is Supervised at the Weld County Court Level, While Parole Officers Supervise at the State Level
Just east of the Weld County Court complex is the Greeley Probation office. Here, you will meet with a Probation receptionist following your sentence. Generally, you come in right after court, fill out a questionnaire, and get an appointment for your first meeting with your regular Probation officer a week or two later. For some minor crimes, you might be referred out to a private company who will supervise you. With Parole, you are supervised at the state level, by State of Colorado Parole officers. These officers are employed by Colorado, and work hand in hand with the Parole Board and the prison system. If you violate your Parole, you can be sent back to prison immediately. Parole officers only supervise convicted felons who have just left DOC. The idea is to give someone help with learning to live a lawful life in their community once they leave prison.
Probation Sentences can be Longer than Parole Sentences in Greeley, Colorado
From above, you’ll remember that Probation is your actual sentence, while Parole is an “after-sentence” time. Parole is not generally thought of as someone’s sentence, though it may be looked at as part of it.
With Probation, most courts can only give a 5 year Probation sentence for a misdemeanor. It can be much longer for felony Probation. For Parole, your supervision is set by statute, not by the judge. You can get 5 years for a class 2 or class 3 felony, 3 years for a class 4 felony, 2 years for a class 5 felony and one year for a class 6 felony. You can’t be Paroled on a class 1 lifetime imprisonment felony.
Weld County Complaint to Revoke Probation / Probation Revocation and Parole Revocation Hearings in Greeley
Courts handle revocation of Probation once a Probation officer files a Complaint for Revocation of Probation. Generally, this starts with a defendant’s surprise arrest at a Probation meeting. A Parole violation can result in an immediate jail sentence until the Parole Board can meet and determine whether the person should lose their Parole and go back to prison for part or all of their remaining Parole. Sometimes, Probation can be reinstated, or a person can agree to return to prison for a short stay.
If you are facing revocation of your Probation or Parole, call our Weld County and Greeley criminal defense attorneys to talk, at 970-616-6009. Together, we can protect your future.
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