Legal Question in Criminal Law in Colorado

Probation Violation Plea Bargain Mistake

My friend had to appear in court facing 2 possible charges.

1). Violation of Probation (leaving the state)

2). Possession of a Controlled Substance (found in hotel)

The possession charge was dropped, I'm assuming due to lack of evidence my friend was in possession of a hotel key only, he was not in the hotel room nor was the hotel room rented in his name. When hotel was searched, the police found a baggy with a residue of meth. The courts plea to my friend was to drop the possession charge if he agrees to open sentencing and the violation of probation charge. My friend took this plea over a week ago, sentencing is in august and we feel we should NOT have taken this plea. Can we withdrawal this plea bargain? If so, What kind of motion do we file? What are the negative/positive outcomes? What is The time frame we have to file this motion, if at all? Thank you for your time!


Asked on 6/11/04, 11:20 pm

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Probation Violation Plea Bargain Mistake

A plea can only be withdrawn with leave of the court. And only before sentencing. BUT the court should allow withdrawal before sentencing if given a good reason (fair and just). There appear to be suppression issues regarding the search of the hotel room. These issues will never be raised if your friend takes the deal and heads off to prison. So: yes you can move to withdraw, but only if you do it fast and only if you present a good reason. Good luck. Act fast.

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Answered on 6/12/04, 2:26 pm


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