Legal Question in Criminal Law in Colorado

my son was regressed from a halfway house for hot ua's they have him in jail and are saying he is waiting for transport to doc. doesnt he have to go in front of a judge and be sentenced over orat least to no how long hewill be in doc. he has to have some sort of court apperance or hearing or something before thecan send him to doc right? he has never been to doc only the half wa house


Asked on 9/03/10, 12:18 pm

1 Answer from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

If he was on a direct sentence to community corrections, he gets no hearing. He can be regressed to a prison. Direct sentence to community corrections is a sentence to the executive branch of state government, so his removal is all internal to DOC. If he was sentenced to probation, the judicial branch still has jurisdiction. That means he cannot be removed from probation without a revocation hearing before a judge.

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Answered on 9/08/10, 2:17 pm


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