Legal Question in Criminal Law in Colorado

Re: conspiracy charge F4 8yrs

Generlaly yes a pre sentence would be if the People, the court and defendant and his or her cousnel are not sure of defendant's past history of of violations in other states. However, the People and the defendant may stipuate that a presentence report is not required and to proceed to immediate sentencing. This type of stipuation may arise if the conviction in the pending case is not serious, non violent, not an extraordinary risk crime and not a crime of violence, and one in which mandatory sentence is nor required to be imposed.

Re: conspiracy charge F4 8yrs

Yes, a presentence report is required by statute. For felonies, the court can dispense with this requirement if the defendant and the prosecution waive it. For misdemeanors, the report is optional.

Re: conspiracy charge F4 8yrs

if defense waives it, then no PSI ordered, sometimes if there is a recent one in a different case, it is not needed.