Legal Question in Criminal Law in Colorado
can a judge take away my pre sentence confinement jail time from a case in 2007
Asked on 5/08/13, 6:30 pm
2 Answers from Attorneys
Damon Cassens
Waters, Kubik, and Cassens
If your probation is being revoked, yes.
Answered on 5/09/13, 5:25 am
Daniel Fenaughty
FENAUGHTY & ASSOCIATES, PC
There is a way that a court CANNOT fail to award you credit for Presentence confinement. I do that through a post-conviction motion to Correct an Illegal Sentence, under Crim. P. Rule 35(a). However, there are MANY ways that you lose that credit. Judges know that they will be challenged for giving a Illegal Sentence, so the judge probably went carefully, properly and by the book.
Answered on 5/09/13, 12:49 pm
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