In Weld County, Colorado, when a person is facing a criminal charge, they can receive many plea bargain options. One such option is a Deferred Judgement and Sentence. This plea option has a few steps, starting with the defendant pleading guilty to a charge, followed by many probation type requirements laid out during a set time period. If the requirements are all met by the defendant, then the guilty plea is withdrawn and the case can be dismissed. Different varieties of this plea type exist, but the goal of the defendant is to find a final arrangement where the case can be sealed. The lawyers at the O’Malley Law Office have over 30 years of experience in working with the prosecutors to help get our clients Deferred Judgments. Below, our skilled lawyers discuss Deferred Judgment and Sentences. For help with a Deferred Judgement in Fort Collins / Larimer County, go here.
What is the Definition of a Deferred Judgement, C.R.S. 18-1.3-102, in Greeley, Colorado?
The definition of Deferred Judgement, C.R.S. 18-1.3-102, in Greeley is:
Simply put, this is a way for a defendant to avoid a permanent criminal sentencing, if they can adhere to the conditions placed on them. An important caveat to this plea type is that if you don’t do what you agree to do under the Deferred, your plea agreement’s Deferred is revoked, and you now stand permanently guilty for the crime you pled to. The court is then free to sentence you anew – just as if you walked into court and pled guilty. There are other downsides to this plea which might prevent a sealing of your record, so always get the help of a full-time criminal defense attorney with your plea.
Who Can Get a Deferred Judgment or Sentence in Weld County?
Often in Weld County, minor offenses are the easiest for the defense to obtain a Deferred Judgment. A skilled defense attorney can negotiate with a district attorney to arrange a Deferred Judgement and Sentence on most any charge. Some criminal charges that can receive Deferred Judgement and Sentence include Public Intoxication, Burglary, Theft, Indecent Exposure, Shoplifting and Drug charges. Generally, if the defendant is a first-time offender, it is easiest to obtain this type of plea.
What Happens If the Conditions of the Deferred Judgement or Sentence are Violated in Windsor, Colorado?
If a defendant violates the terms of their Deferred Judgement and Sentence probation, including getting a new criminal offense in Eaton or Windsor, they can lose their Deferred Judgement, and be sentenced for the original offense. At this point, a defendant has waived their right to a trial and the judge will then sentence them for the crime they pled to under the Deferred Sentence.
It is important to note that if the only condition that the Defendant has not met is paying Restitution, sometimes the Deferred can be extended until the defendant can pay the victim. If the Defendant was able to pay the Restitution but did not make his best effort to do so, it is unlikely the Deferred will stay in place. To learn more about Restitution go here.
What Happens if A Defendant Meets the Probation type conditions of the Deferred Judgment and Sentence in Weld County?
In Weld County, if a Defendant meets the conditions and successfully completes their Deferred, then no conviction enters and the case is dismissed. The Weld County District Attorney would then file a motion to dismiss the case. This means that if you applied for a job or a place to live, and were asked if you have been convicted of a crime, you could say “no”. Completion of a Deferred a Sentence means that your record can often be sealed. This is not an automatic process, and some cases cannot be sealed, such as sex crimes. To learn about Record Sealing get help here.
Having an experienced lawyer navigate a Deferred Judgement and Sentence with you is important. The lawyers at the O’Malley Law Office are experienced in this process and want to fight for your future.