Legal Question in Criminal Law in Colorado
My daughter (age 18) plead guilty to a minor theft (under $100), and received 12 months supervised probation. At the time of her hearing she didn't have a lawyer, and just took what the DA offered, which we thought was a deferred judgment, but now they are saying it was only a deferred sentence if she completed her probation. We didn't understand the difference, or we would have hired a lawyer for her so it wouldn't be on her record. Is there any way to get this misdemeanor off her record now? She lives in a small mountain college town and nobody will hire with out a background check which she can't pass because of this on her record. Please help. Thanks!
1 Answer from Attorneys
Your question does not make sense to me. There is no difference between a deferred judgement and a deferred sentence. In fact the complete agreement is known as a 'deferred judgement and sentence." If she pled guilty without the advice of an attorney - that is not grounds to now seek a withdrawal of her plea.
It may seem unfair - but many - if not most people - in county or municipal court are not represented.
So here is what you need to do -- write to the court for the record of court proceedings and determine exactly what the plea agreement was. Do so immeidately - because there is a time deadline to collaterally attack ( try to undo ) the conviction - if it was a conviction.
Next - at the same time - order a transcript of the plea itself -- there may have been a jurisdictional error the judge may have made during the advisement - that could be used to unravel the plea. This is also time sensitive.
Finally you also may want to consult with a local attorney in the jurisdiction where this occurred - they will have a better understanding of your chances of success in attacking her plea.
Good luck. H. Michael
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