Simone Lawson
In Colorado, a deferred sentence is a way for first-time offenders and those facing minor, non-violent offenses to avoid criminal sentencing. This is done by completing probationary terms and staying out of trouble. However, a violation of a deferred sentence can result in serious consequences. If a defendant violates the terms of their deferred sentence, they are entitled to a court hearing where they can argue their case. The court has the discretion to continue the deferred judgment if it is in the best interest of the defendant and public safety. However, additional sanctions may be imposed, including extending the probationary period or incarceration. Ultimately, if the defendant fails to comply with the conditions of the deferred judgment, the court may revoke the deferral and impose a sentence, resulting in a formal conviction.
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What You'll Learn
Failure to pay restitution
In Colorado, a deferred judgment and sentence allow first-time offenders and those facing minor, non-violent offenses to avoid criminal sentencing. Instead, they must complete probationary terms and stay out of trouble. The judge sets a probationary time period from 6 months to up to 4 years, during which the individual must meet certain conditions. If the conditions are successfully completed without any violations, the case is dismissed, and the individual can petition to have their record sealed.
However, failure to pay restitution is considered a violation of the deferred sentence. Restitution is money ordered by the court to be paid to victims as reimbursement for damages caused by the individual. It is often a term of probation. If an individual fails to pay restitution, it can result in a suspension of their driver's license in traffic-related cases, and the court may take them to collections. The court may also impose additional sanctions, such as extending the time period of the deferred judgment or incarceration in county jail for up to 90 days.
In some cases, the court may grant probation upon revocation of the deferred judgment due to failure to pay restitution. The type of sentence imposed after revocation is at the discretion of the trial court, and the individual is entitled to a consideration of all statutory sentencing alternatives.
It is important to note that bankruptcy proceedings do not discharge victim compensation judgments. Even if an individual declares bankruptcy, they are still obligated to pay court-ordered restitution. Victims also have the right to pursue civil action against the offender for any losses associated with the crime.
The failure to pay restitution can have serious consequences, and it is one of the most common reasons for the District Attorney to seek probation revocation. Therefore, it is crucial to understand the rules and defenses related to restitution orders in Colorado.
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Non-compliance with probation
In Colorado, a deferred sentence is a way to avoid a criminal conviction on your record. It requires you to plead guilty or no contest to the charges and pay any associated fines and costs. The conviction does not enter your record, and if you are not convicted of any additional criminal or delinquent offences (excluding minor traffic offences), the case will be dismissed.
To be eligible for a deferred sentence, you must have no prior criminal convictions of a similar nature within the last five years and no other criminal convictions within the last three years. The length of a deferred sentence typically ranges from 6 months to 4 years, during which the defendant must complete certain conditions specified by the court, such as probation, community service, restitution, counselling, or other rehabilitative measures.
If an individual fails to comply with the conditions of their deferred sentence, the court may revoke the deferral and impose a sentence as if the guilty plea had been entered initially. This could result in a formal conviction and the corresponding penalties. The court has the discretion to impose additional sanctions, such as extending the time period of the deferred judgment or incarceration in a county jail for a specified period.
It's important to note that individuals on probation, whether supervised or unsupervised, must adhere to certain standard conditions, such as refraining from any new violations of the law (except for minor traffic infractions). Failure to comply with these conditions can constitute non-compliance with probation and may result in the revocation of the deferred sentence.
If an individual believes they may have violated the terms of their probation, they should consult with a criminal defence lawyer to understand their rights and options.
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Failure to complete rehabilitative measures
In Colorado, a deferred sentence is a way for a defendant to avoid a criminal conviction on their record. It requires the defendant to plead guilty or no contest to the charges, pay any fines and costs, and comply with any other conditions ordered by the court. If the defendant successfully completes the terms of the deferred judgment, the court may dismiss the charges against them, and no formal conviction will be entered on their record.
One of the conditions of a deferred sentence in Colorado may be to complete rehabilitative measures such as counseling or community service. Failure to complete these rehabilitative measures would constitute a violation of the deferred sentence. This could result in the court revoking the deferral and imposing a sentence as if the guilty plea had been entered initially, leading to a formal conviction and corresponding penalties.
If a defendant fails to complete the required rehabilitative measures, the court will typically hold a revocation hearing to determine whether the defendant violated the conditions of their deferred sentence. The defendant has the right to demand that the charge of violation be proven beyond a reasonable doubt. During the hearing, the court will determine whether the defendant's failure to complete the rehabilitative measures was willful or due to circumstances beyond their control.
If the court finds that the defendant willfully failed to complete the rehabilitative measures, it may impose additional sanctions or conditions to address the violation. These may include extending the time period of the deferred judgment, imposing incarceration for a specified period, or ordering the defendant to complete alternative rehabilitative measures.
It is important to note that even if the defendant violates the terms of their deferred sentence by failing to complete rehabilitative measures, the court may still choose to continue the deferred judgment if it is in the best interest of the defendant and does not jeopardize public safety. However, additional sanctions or conditions will likely be imposed to enhance the likelihood of the defendant's success and promote individual accountability.
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Violation of travel privileges
In Colorado, a deferred judgment and sentence is a way for first-time offenders and those facing minor, non-violent offenses to avoid criminal sentencing. This is done by completing probationary terms and staying out of trouble. The judge will set a probationary time period, typically from 6 months to up to 4 years, during which the individual must meet certain conditions. If the terms of the deferred sentence are completed successfully, the case is dismissed, and the individual can petition to have their record sealed.
However, if an individual violates the terms of their deferred sentence, they are entitled to a court hearing where they can argue their case. A violation of a deferred sentence in Colorado is very similar to a violation of probation. The sentence can be any sentence for the offense that served as the crime. For example, if the crime was a deferred class four felony, the possible sentence is from 2 to 6 years in the Colorado Department of Corrections.
A violation of travel privileges in Colorado can constitute a violation of a deferred sentence. Travel privileges are often limited as part of a deferred sentence, with individuals required to obtain permission before leaving Colorado or the U.S. If an individual violates these travel privileges, it can be considered a breach of the conditions of their deferred sentence.
In the case of a violation of travel privileges, the court will determine the appropriate course of action. The court has the discretion to continue the deferred judgment if it is deemed that the individual would be better served and public safety would not be jeopardized. However, the court will typically impose additional sanctions, which may include extending the time period of the deferred sentence or incarceration for a short period.
It is important to note that the defendant has the right to demand that any charge of violating travel privileges be proven "beyond a reasonable doubt." The court may also grant probation upon revocation of the deferred sentence, as long as the defendant is eligible. The type of sentence imposed after revocation is at the discretion of the trial court, and the defendant is entitled to a consideration of all statutory sentencing alternatives.
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Failure to meet conditions of supervision
In Colorado, a deferred sentence is a way for an individual to avoid a criminal conviction on their record. The defendant enters a temporary guilty plea, takes accountability, and is sentenced to a probationary period with terms and conditions to address the root causes of the crime, repair harm to victims or the community, and prevent a return to the criminal justice system.
The failure to meet the conditions of supervision of a deferred sentence in Colorado can result in a violation of the agreement. The conditions of supervision typically include probation, community service, restitution, counseling, or other rehabilitative measures. The specific conditions are set by the court and are tailored to the individual case.
If the defendant fails to comply with the conditions of the deferred judgment, the court may revoke the deferral and impose a sentence as if the guilty plea had been entered initially. This could result in a formal conviction and the corresponding penalties. The court has the discretion to impose additional sanctions, such as extending the time period of the deferred judgment or incarceration for a short period.
For example, if the defendant is ordered by the court to pay restitution as a condition of the deferred sentence, evidence of failure to do so shall constitute prima facie evidence of a violation. In such cases, the district attorney or a probation officer can apply for entry of judgment and imposition of sentence within the term of the deferred judgment or within 30 days thereafter.
It is important to note that even if there is a violation, the court may choose not to execute an entry of judgment and instead continue the deferred judgment if it is deemed that the defendant would be better served and public safety would not be at risk.
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Frequently asked questions
A deferred sentence is a way to avoid a conviction on your record. It requires you to plead guilty or no contest to the charges and pay the fine and costs; however, the conviction does not enter upon your record.
Eligibility for a deferred sentence in Colorado depends on the nature of the offense, the defendant's criminal history, and the court's discretion. Generally, individuals charged with certain misdemeanors or low-level felonies may be eligible if they meet specific criteria.
A deferred sentence allows defendants to avoid a formal conviction on their record, enabling them to move forward without the stigma associated with a criminal conviction. It also promotes rehabilitation and treatment over punishment and incarceration.
If you violate the terms of your deferred sentence, the court may revoke the deferral and impose a sentence as if the guilty plea had been entered initially, resulting in a formal conviction and corresponding penalties. The court has the discretion to impose additional sanctions, such as extending the time period or incarceration in county jail.
A violation of a deferred sentence in Colorado is similar to a breach of a probation sentence. It can include failing to pay restitution, committing new crimes or violations (excluding minor traffic infractions), or failing to comply with the conditions set by the court.
