Legal Question in Criminal Law in Colorado

In 2006 I took a 4 year deferred sentence for a Felony 4 Burglary charge which I had to do community service, pay restitution, petty theft class which I had all done by 2007 and have proof/paperwork for everything. In 2008 I got caught with a driving with no license charge, and served 6 months work release for that and before they released me they made sure I didn't have no other warrants or fines due, since everything was taken care of they released me. Christmas eve 2010 I got arrested on a Warrant for failure to comply for the 06 case, why would a warrant appear 4 years later after I served my time for the 08 driving case? Are they re-opening up my case? and what is most likely going to happen? What's the worst that can happen?


Asked on 1/13/11, 2:11 pm

2 Answers from Attorneys
Marc Milavitz The Alternative Law Office of Marc Milavitz

Any offense during the 4 year period can trigger revocation of the deferred sentence. The worse that can happen is that your deferred sentence can be revoked, a conviction on the burglary charge will enter on your record and you could be sent to prison for up to 12 years. Without looking at the case file and speaking to you in person, it is unknown what is likely to happen to you. My advice is get an attorney, as it may be possible to salvage the deferred sentence and avoid a conviction. Good luck.

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Answered on 1/18/11, 2:21 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

I suspect that there was no warrant "yet" when you served time on the 08 case. The FTC warrant is a sign that your deferred may be revoked. This is serious, and you should get counsel right away. The "worst case" is that the felony conviction can enter. There could be prison time. Your POCs need to be brought back before the court. It may be possible to revive the deferred, but action must be taken right away.

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Answered on 1/18/11, 6:36 pm


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