Legal Question in Criminal Law in Colorado

Information on Probation

My son will soon be sentenced in California for a crime he committed awhile back and he will receive probation under a plea bargain but he resides in Colorado. Will the terms of probation be the ones agreed upon in California (which we know are different from Colorado for the same crime)or will the terms of probation be the ones agreed upon when he accepts the plea bargain? I guess what I need to know is once he accepts the plea and goes home can they change the terms of his probation that he agreed to?


Asked on 8/20/04, 8:22 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Information on Probation

It has nothing to do with Colorado or its laws. He better make sure he is allowed to leave CA on probation.

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Answered on 8/20/04, 8:45 pm
Deborah Grohs Deborah J. Grohs, P.C.

Re: Information on Probation

Your son should make sure that all of the terms of his plea agreement are in writing. When the Judge in California places him on probation, he will tell him all of the conditions of his probation. That will be his sentence. Your son should also make sure that he will be allowed to leave the State of California on probation. Many times paperwork must be completed between the two states before probation can be transferred. Sometimes this takes months. He should get permission from the judge to leave the state while that process is pending. Once your son is given permission to come to Colorado,he will be on probation in California, but will be allowed to reside in Colorado. The probation department in the county where he lives will most likely be supervising his probation. The State of Colorado can not change the sentence handed down by the California judge. A Judge in Colorado would have no jurisdiction over your son. If, for example, your son violated his probation, he would have to go back to the State of California for any further proceedings.

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Answered on 8/23/04, 11:22 am


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