facebook pixel Do I qualify for probation? | Denver Criminal Probation Attorney | Denver Federal Criminal Defense Attorney Colorado

Most people will qualify for probation.  Those who do not qualify are generally as follows:

You are charged with a Class 1 felony (e.g., murder in the first degree) or class 2 petty offense;

If you have two prior felony convictions (unless you’re currently charged with certain drug crimes);

If you have one prior felony conviction in the last ten years, and are currently charged with a class 1, 2 or 3 felony;

If the statute prohibits probation in your case.

In the end, probation is at the sole discretion of the judge; no one has a right to it.  This means that the judge may consider the nature and circumstances of the offense, your criminal history, whether you have successfully completed a term of probation in the past, whether probation would benefit you, or a myriad of other reasons in making the decision to grant probation.

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