Legal Question in Criminal Law in Colorado

Probation violation in CO

I have a friend who got a deferred sentence on a 3rd degree misdemeanor assault charge, He was supposed to complete 36 weeks anger management and 2 years probation, but he was only visiting CO at the time of arrest and had to move back out of the state. What will be the consequences of violating the probation? Will there be imprisonment? Will he be extradited?


Asked on 8/22/08, 10:48 pm

3 Answers from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Probation violation in CO

This case sounds remarkably like another I just wrote on.

a) The consequences of violating probation can be extreme. Usually the EPSO will not pay to extradite. BUT a bench warrant will be served in the other state. He will be arrested and taken to jail (day 1 of jail). He will not be allowed to bond out. The next day (day2 of jail), the out-of-state arresting agency will call here to see if EPSO will extradite. That day or the next day the DA here will advise that out-of-state arresting agency that the DA here will not pay to extradite, and that he should released from custody. He will then be free by day 4. -This scenario is thats if things go well: the time could be longer; the DA and EPSO could decide to extradite, adding several more days to your confinement. This can happen more than once.

THIS ANSWERS THE QUESTION "WHAT WILL HAPPEN NOW?"

Oh, and the deferred will be terminated, a conviction will enter.

b)I can motion the court to transfer his probation to a new city/state. If transerred, the deferred sentence can stay alive. He does classes there. No arrests, no jail, no conviction enters (If he comletes all requiremnts).

Take door B.

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Answered on 8/23/08, 2:21 pm
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: Probation violation in CO

Hello there,

Yes, his probation can be revoked and he can be imprisoned. But, he can also have his probation modified if the court deems it to be appropriate.

Hire a good attorney to represent him for his probation revocation hearing.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE DEFENSE

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Answered on 8/23/08, 2:00 am
Jason Savela The Savela Law Firm, PC

Re: Probation violation in CO

violation of the conditions of the deferred sentence can result in revocation of the def sent meaning that a conviction would enter on the record and the court can re-sentence the person to any sentence possible, in this case, up to 2 years jail.

it sounds like the conditions are to complete a 36week DV class and stay out of trouble - friend should do the class or else he will end up in jail due to a warrant that will pop up when you least expect it

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Answered on 8/23/08, 2:46 am


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