Legal Question in Criminal Law in Colorado

Will the judge go along with the district attorney's recommendation?

I am pleading guilty to a class 4 felony. This is my second offense in the past 6 years. The DA has agreed to unsupervised probation as long as restitution is paid. I understand there is a risk that the judge may choose to add some jail time on. My question is how often does this occur?The felonies were unauthorized use of a financial transaction device and theft. Thank you for any replies.


Asked on 9/27/05, 7:26 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Will the judge go along with the district attorney's recommendation?

It sounds like you don't have a lawyer. If that is the case you are making a *big* mistake. The prosecutor may have good reason to believe the judge will reject his recommendation and send you to prison (in other words, his offer may just be a trap for an unwary defendant), and a defense lawyer should be able to recognize this as well and advise you before you decide what to do.

If you can afford to hire a lawyer, do so. If you can't, get one appointed by the court; indigent defendants who face possible jail time are entitled to publicly-funded defense counsel - usually in the person of a public defender.

Felony charges are serious things and laypeople should never try to defend against them on their own.

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Answered on 10/03/05, 7:48 pm


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