Legal Question in Criminal Law in Colorado

Probation Violation

2004 conviction posession of a forged instrument. was in drug court in different county doing as required and judge sentenced me 3yrs probation & since good report from drug court did not impose any costs stating ''i do not want to add any more burden on an already tough program'' my supervision was transfered to same county as drug court. i graduated drug court and case was terminated. never had any supervision from county that now 3 years later violated me. i am thinking on a 35c motion as costs/restitution is a part of sentence & since judge did not order costs at sentencing, to apply an amount at a later time has the effect of increasing punishment originally imposed, violating prohibition against double jeopardy.

I think there might be case law- P. v. Shepard, 989 P.2d 183 Am i on the right track? Is there another avenue of defense? By the way i have had NO other cases or even any police contact since (over 3 yrs.) thx 4 ur time!!


Asked on 9/30/07, 6:25 pm

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Probation Violation

Was the probation to be supervised or unsupervised? A change in sentence that works as an increase in sentence is a double jeopardy violation. get a transcript of the past hearing where judge declined to impose costs. The language used by the judge is important.

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Answered on 10/01/07, 2:17 pm


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