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In Colorado, individuals facing certain criminal charges may be offered a deferred judgment and sentence. This is where you plead guilty and are required to meet certain conditions during a probationary period.
If you complete the terms of the deferred sentence, the case against you is dismissed. Violating the terms of the deferred sentence may result in immediate sentencing for the criminal offense.
In this article, our Denver Colorado criminal defense lawyers will explain:
You must abide by the court’s conditions of probation to remain on deferred sentencing.
Under Colorado law, a deferred judgment and sentence is a way for you to avoid criminal sentencing in exchange for completing probationary terms and staying out of trouble. First-time offenders and those facing minor, non-violent offenses may be offered a deferred judgment in exchange for
The district attorney and your attorney may agree to a deferred sentencing offer, which must be approved by the judge.
The judge will set a number of conditions and a probationary time period. This may range from 6 months to up to 4 years.
During this time, you have to meet certain conditions, such as
If you are able to complete your conditions successfully without any violations, the case against you will be dismissed, and you can petition to have your record sealed as if no violation had occurred.
However, if there is a violation, the court may impose a sentence for the crime up to the maximum penalty, which may include jail time and fines.
A deferred sentence in a criminal case is usually negotiated between the district attorney and your lawyer.
First-time minor offenses are the most likely cases to be eligible for a deferred sentence. This may include
It may be much more difficult to get a deferred sentence offer with a prior criminal record, after a DUI / drunk driving arrest, an act of domestic violence, or if charged with a serious felony offense.
“In any case in which the defendant has entered a plea of guilty, the court accepting the plea has the power, with the written consent of the defendant and his or her attorney of record and the district attorney, to continue the case for the purpose of entering judgment and sentence upon the plea of guilty for a period not to exceed four years for a felony or two years for a misdemeanor or petty offense or traffic offense. The period shall begin to run from the date that the court continues the case.”1
Successful completion of the court-ordered probationary terms is required to have the case against you dropped. Each exact term of the deferred judgment and sentencing offer will depend on
Such conditions the court orders may include:
The probationary term will depend on the offense, which means meeting the detailed conditions for the probationary period. The period could be
In some cases, the period could be extended.
After successfully completing the terms of your deferred judgment and sentence,
Your criminal record will be eligible to have your arrest sealed so the public and employers will generally not be able to see any evidence of a criminal history through a background check.
Violating probation may cause you to be remanded to jail.
If the only condition you have not fulfilled is a failure to pay victim restitution, the probationary terms can be extended if you were unable to pay. Upon showing you were unable to pay restitution, with no other violations, the probationary period may be extended for up to one hundred eighty-two (182) days of additional time.2
For any other probationary violations, or upon an arrest for another criminal charge, you may lose your opportunity for a deferred sentence. The stipulation shall provide that upon a breach of any condition, the court shall
Entering into a deferred judgment waives your right to a speedy trial.3
The court may have the discretion not to execute an entry of judgment and instead continue the deferred judgment if the record shows that you would be better served and the public safety would not be jeopardized.
However, the court will impose additional and immediate sanctions, which may include extending the time period of
After successful completion of the deferred judgment and sentence, there is no criminal conviction. The case would be dropped by the district attorney.
When applying for a job, if the application asks if you have been convicted of a crime, there would be no conviction for the deferred sentence case.
After completing the deferred sentencing conditions, your records are eligible to be sealed. However, sealing your records is not automatic.
After completing the terms of your deferred sentence you will have to petition to seal your records. Once your records are sealed, the public and employers would not have access to the arrest information.
Colorado provides a number of alternative sentences, depending on
Alternatives to a judgment imposing a sentence include
The law provides alternative imposition of sentences for certain level 4 drug felony cases. During sentencing or resentence after revocation of probation, the court may consider all reasonable and appropriate alternative sentences, including
You may be able to leave detention during necessary and reasonable hours for
Home detention is an alternative correctional sentence where you remain within your approved residence at all times except for court-approved activities.
When you enter into alternative sentencing, the court may enter an order of collateral relief which is intended to improve your likelihood of success, including preserving or improving your
Call our law firm for legal advice. Our criminal defense attorneys offer consultations.
If you have been charged with a criminal offense, a deferred sentence may allow you to avoid a conviction on your criminal record. However, a deferred sentence may not be the best option.
If you have any questions about a deferred sentence, contact us at Colorado Legal Defense Group. We practice in Denver and throughout the state.