Legal Question in Criminal Law in Colorado

deferred judgment

if a defendant recieves a deferred judgment but violates probation conditions, what will the consequence 's for doing so. the origanal charge was violation of custody order and the deferred judgment was false imprisonment


Asked on 4/16/07, 2:28 am

2 Answers from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: deferred judgment

Pack your toothbrush. If there is a violation of probation, the court can revoke probation. Upon revocation, the court may sentence the offender to anything the offender could have been sentenced to originally. That includes about a year in jail.

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Answered on 4/16/07, 11:23 am
Philip Rosmarin Rosmarin Law Firm

Re: deferred judgment

Depending on the violation, and the reason for it, it is possible the judge may reinstate probation, and restart the clock. For example, if you were ordered to take classes or therapy sessions, and you've made a good faith effort and done some, but not all, a judge may give you more time.

I do notice that you use the plural "conditions." If you just haven't tried, or made satisfactory efforts in the judge's eyes, your deferred judgment will be entered as a conviction, and you will be sentenced in accordance with that conviction.

You should be prepared to go to jail the same day as your hearing for probation revocation.

Good luck.

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Answered on 4/16/07, 5:25 pm


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