Legal Question in Criminal Law in Colorado

hello,

I am a probationer from Colorado. I am serving a two year probation sentence where i have the option of getting out a year early if all of my requirements are met. I have transfered my probation to my home state of NY and have been on it for over a year. My probation officer has sent Colorado my progress report and it is now up to a judge to decide what i can get. His options are A. early termination of probation B. unsupervised probation C. stay on supervised probation. I have been doing really well and have all my requirements met so iam hopefull of a good decision by the judge. The only problem is that my old probation officer in Colorado has informed me that if the judge decides on unsupervised probation I would still have to stay supervized in NY because of the interstate compact iam on while being a transfer probationer. My question is if this happens, can I move back to Colorado and be automatically put on unsupervised probation or would i have to re apply for another decision by the judge. Thank you for all your help, because at this point my probation officers are not very helpful.

sp

Asked on 3/25/10, 5:06 pm

1 Answer from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC
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You need a "motion to modify probation", which is essentially what you have done by asking the court to early terminate. Include the necessary POCs (proof of completions). If the Court orders unsupervised, I would ask the court to state that in the order. Then comply with that order, regardless of what the PO says. Get the order plainly worded, then do what the court orders you to do. If the order says "follow conditions of probation" or "subject to other conditions", then you are under the POs thumb. Go to my website to learn more about probation. www.lawyerdan.com

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3/31/10, 5:51 am

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