Legal Question in Criminal Law in Colorado

I have a friend who is currently on parole for a gun possession case and two possession of a controlled substance cases. What i find to be strange about his situation is that D.O.C. has brought up his juvenile sex offense, of which happened when he was 13, and are now making him go through sex offender treatment, rather than treatment for what he is currently serving time for, despite his successful completion of juvenile treatment without incident. So i guess my questions are: is D.O.C. allowed to make him go through that again, and is it considered double jeopardy? What would be the best way to fight what he is going through?


Asked on 3/01/11, 4:12 pm

1 Answer from Attorneys
Lain Lawrence Lain Lawrence, Attorney at Law

Starting off with the easier part of your question, it is not double jeopardy. Double jeopardy only comes into play when someone is charged with a crime after already being placed in jeopardy, accused and brought to trial. Since he isn't face criminal charges, double jeopardy does not come into play.

If you want to challenge the D.O.C., you would need to file a 106(a)(4) motion with the court that handled his case. The basics of this motion is that a quasi-judicial, in this case the Board of Paroles, abused its discretion. This must be filed within 30 days of the board making its decision, so it should be done fairly quickly. Additionally, you would want to motion the court to order he not be required to go through the offender treatment until the matter is resolved.

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Answered on 3/01/11, 9:55 pm


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