deferred judgment sealing underage alcohol possession
My daughter was ticketed for Illegal Possession of Alcohol by an Underage Person, CRS 18-13-122(2) and we requested a plea by mail.
We received the information and Stipulation & Order for Deferred Judgement and Sentence and would like to delete par. 7 which states ''As part of this stipulation, the Defenant agrees to give up any future right he/she may have, whether provided by CRS 24-72-308 or by any other law, to have the record of this deferred judgment sealed by Court order.'' Can we do that? Is there a precedent that can be referred to, or special wording to notate on agreement before we send it in, in order to not give up that right yet still do this by mail?
2 Answers from Attorneys
Re: deferred judgment sealing underage alcohol possession
#1 I can't tell you what Colorado law says - you are in the wrong forum. However, I would guess that you cannot do what you wish to by mail and would have to make a court appearance and discuss it with the prosecutor.
Re: deferred judgment sealing underage alcohol possession
It would be up to the District Attorney.
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