Legal Question in Criminal Law in Colorado

i accepted a plea bargain for a DV case which resulted in 2 years probation and a harassment charge. Terms of the plea were to complete a DV counseling program, a total of 36 weeks. The modified protection order and sentence order state that i may consume alcohol upon completion of my DV counseling however my PO tells me this is not the case and i must wait the duration of the probation. Is there a specific law in Colorado for DV cases where alcohol consumption is a violation of probation, or does the Judges conditions of sentence apply to me where i am able to consume after the 36 week counseling. Thanks


Asked on 9/18/10, 10:19 pm

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Alcohol consumption, if you are of legal drinking age, will not violate all cases where probation is granted. However, if the court made "No alcohol" a condition of probation, then you are bound by the condition during probation. If the condition was only effective during the 36 week period, then you are in compliance if you follow the condition. BUT, your PO can add to the conditions. One condition of probation (that you agreed to follow) is "I will follow all additional reasonable conditions." The court will usually hold that the demands later added by your PO are "reasonable additional conditions" and enforce those later demands. It does not seem legal. It is a change to a plea AFTER the plea is accepted. I am fighting it before the Court of Appeals. The case is still at issue. No real answer to your question yet exists.

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Answered on 9/24/10, 5:59 am


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