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xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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I live in Colorado and plead guilty to a dwai w/ prior offense

Customer Question

I live in Colorado and plead guilty to a dwai w/ prior offense 13 years earlier. The event happened in 7/2011, I immediately started classes and therapy. I was sentenced in 11/2011 and all terms of probation were completed 6/2012. My probation officer who is a transfer case supervisor and myself personally have requested early term with evidence it is not conducive to providing for m y family to stay on probation the 2 year mandatory sentence. I have submitted documentation from Alcohol Counselor / etc stating I'm not a threat to society and still the early term is being denied. I need to make a career change which involves constant out of state travel. It is in Arapahoe County and ideas on what I can do??? Appeal options or take to a higher court??
Michael
Submitted: 1 year ago via LawDepot.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

How often do you have to report to your probation officer?

Thanks
Customer: replied 1 year ago.

Every other month, I pay for 2 months at a time. Are you familiar with these statutes in colorado?

Expert:  xavierjd replied 1 year ago.
Hi Michael,

Thanks for the information.

I am sorry for the delay. I was finishing assisting another customer.

I want to look up a couple of things. I will be back with an answer for you asap.

Thanks for your patience.
Customer: replied 1 year ago.

sounds good

Expert:  xavierjd replied 1 year ago.
Hi Michael,

Colorado law provides for a 5 year look back period for DUI offenses. Therefore a second DUI arrest within 5 years of the first DUI conviction will result in enhanced sentences but if the subsequent DUI arrest occurs after 5 years of the first DUI conviction, the subsequent arrest will be treated as a first DUI offense.

Were you charged with a DWAI first offense?

Thanks
Customer: replied 1 year ago.

That is not true as of July of 2010 or 2011. Repeat offenses are within a lifetime in Colorado! My first DUI was in 10/1998 and my second was 13 years later a DWAI in 7/2011.

Expert:  xavierjd replied 1 year ago.
Hi Michael,

It IS possible to obtain an early termination of probation. After doing some research, I found that judges usually will NOT grant a termination of probation until you have served at least 1 year of your sentence.

Below is a link to an attorney's office in Colorado. I am NOT making a referral to this attorney. However, the information provided in the link is VERY informational. The information speaks to the process for getting your probation terminated early, including the factors that the judge considers in his/her decision for early termination.

Valid reasons to terminate your probation early may include (but are not limited to) the fact that your probation is keeping you from securing gainful employment, preventing you from advancing at work, or restricting necessary travel.

 

Colorado Law gives the court the discretion to grant a request for early termination of probation at any time during the probation period. In practice, as I stated, however, most judges want to see people complete at least 12 to 18 months of the probation before they will seriously consider the motion.

 

http://www.colorado-drug-crimes-lawyer.com/frequently-asked-ques tions-on-colorado-drug-crimes-law-and-defense/colorado-criminal-case-defense-can-i-obtain-early-termination-of-probation-in-colorado-criminal-cases-how-what-are-the-possible-conditions-of-probation

 

Another option that you may wish to consider if the judge denies your request to terminate your probation early, is to ask the judge if you can change your probation to "non-reporting" probation, especially since you have completed all of the classes, etc. that the judge required. Moreover, even if you are put on "non-reporting" probation, if your new employment takes you out of the state of Colorado, you will have to ask the permission of the probation officer and the judge to leave the state.

 

If the judge denies your request for "non-reporting" probation, you may wish to request that your reporting requirements be relaxed (for example, report quarterly, or even ask to report by telephone).

 

Finally, you may wish to contact an attorney in your area who specializes in criminal law. Sometimes, an initial consultation is free or at a minimal charge. You can discuss the specific facts of your case, the fact that the probation officer does NOT object to early termination of your probation, and any other relevant information.

 

Below is a link to a Colorado attorney referral page.

 

http://www.legalmatch.com/law-library/article/attorney-referral-services-in-colorado.html

 

I hope you find this information useful.

 

 

 

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

 

Customer: replied 1 year ago.

I appreciate the referral but am ultimately not very impressed with the insight you have provided. Terminology, terms and statutes of colorado law weren't really accurate. I have been struggling trying to put this behind me and was really hoping for some approach or alternate motion to file.

Expert:  xavierjd replied 1 year ago.
Hi Michael,

I would like the opportunity to further assist you. I can certainly understand how much you want to get the whole matter behind you and be able to move forward with your life.

As far as the factors that a judge considers for granting a motion to terminate your probation early, those factors are accurate.

You do have the ability to make a formal motion to the court to terminate your probation early. As I stated in my prior answer, valid reasons to terminate your probation early may include (but are not limited to) the fact that your probation is keeping you from securing gainful employment, preventing you from advancing at work, or restricting necessary travel.

Also, at the end of your motion to terminate probation, you can ask to be allowed to be put on "non-reporting" probation. Further, you can ask to be allowed to leave the state as necessary for purposes of your employment.

I do understand your frustration, especially when the probation officer is on your side. But, you are going to have to convince the judge to terminate your probation. To do so, you need to fit the facts of your case into the factors that the judge takes into consideration when deciding whether to terminate your probation. For example, you have completed all of the classes, etc. that the judge ordered. You haven't been in any other trouble. Reporting probation is limiting your ability to have gainful employment. You have already been on probation for 12 months. And, the costs involved in reporting probation is creating a financial hardship for you and your family.

From your post, it sounds like you have a lot of positive facts that you can place in your formal written motion to the court. And, you always have the ability to contact an attorney to assist you.

I am confident that you will be able to put this horrible portion of your life behind you and I wish you all the best.

If I can assist you further, or you have any follow up questions, please ask.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD


 

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 4 other Criminal Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Michael,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

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