After a criminal conviction in Weld County, there are many things that can hamper a defendant’s ability to reenter society. Collateral Relief helps a defendant to reenter society. Having criminal records sealed, expunged, or removed can increase a defendant’s ability to get housing, a job, and overall be more successful back in the general population. The lawyers at the O’Malley Law Office discuss these 4 facts about the alternative sentencing Collateral Relief and how it can help you.
#1. Penalties and Consequences of a Criminal Conviction in Greeley, Colorado
In Greeley, if you are convicted of a criminal charge, then there are penalties outside of the possibility of spending time in the Weld County Jail and the fines that may be placed on you. Having to put your name on the Colorado Sex Offender Registry, having a criminal or arrest record, or having a juvenile record, are all examples of collateral consequences which exist – even after a defendant serves their sentence. These consequences and many others, are called Collateral Consequences and can prevent a defendant from obtaining a job, going to college, collecting public assistance, serving on a jury and even affect where they can live. This is why some defendants can request Collateral Relief from the court to aid in the defendant’s reentry into society.
#2. What is the Legal Definition of Collateral Relief, C.R.S. 18-1.3-107 in Weld County?
The Weld County legal definition of Collateral Relief, C.R.S. 18-1.3-107, is:
#3. What is the Process to Receive Collateral Relief in Windsor, Severance, or Greeley Colorado?
On its own, a court can encourage a defendant to apply to receive Collateral Relief in Windsor, Severance, or Greeley. If the court does not do this, then a defendant can apply on their own. Courts can then do three things when someone applies for help with a prejudicial consequence from their conviction: 1) they can deny the application, 2) they can grant the application without a hearing, or 3) they can schedule a hearing on the issue. If a hearing happens, then the court can hear testimony from the defendant and others as to why Collateral Relief should be granted. Next, anyone opposed to it being granted, such as victims and prosecutors, can address the Court.
The Weld County Court judge will then decide whether the Collateral Relief is legal, and whether it would help the defendant. The relief sought needs to be consistent with the defendant’s rehabilitation and aid the defendant in their community. If the judge finds in the defendant’s favor, then the judge would issue an order to limit the Collateral Consequences in that case. Remember though, that the judge has many restrictions on when they can enter orders providing relief.
#4. Who is Eligible for Collateral Relief, and Can It Be Revoked in Weld County?
In Weld County, if you have served your initial penalties, such as jail, and have entered into alternative sentencing, you may be eligible. Examples of alternative sentencing include probation, community service, or any other alternative sentence. It is also important to note that eligibility depends on the original criminal charge and the defendant’s criminal history. A defendant is not eligible if they:
(I) Have been convicted of a felony that included an element that requires a victim to suffer a serious bodily injury and the victim suffered a permanent impairment of the function of any part or organ of the body;
(II) Have been convicted of a crime of violence as described in section 18-1.3-406; or
(III) Are required to register as a sex offender pursuant to section 16-22-103, C.R.S.
If a defendant is granted Collateral Relief and is later arrested or charged with another criminal offense, courts have the power to revoke Collateral Relief and the Collateral Consequence will be reinstated.
If you are applying for or think you are eligible to receive Collateral Relief, then you should contact an experienced criminal lawyer who can help you with the process and possible hearing. The lawyers at the O’Malley Law Office have over 30 years of experience and want to help you have the best reintegration into society, without the problems of Collateral Consequences.