A Deferred Judgment and Probation Can Both be Revoked – An Adams County Attorney Says, “Be Careful”
Deferred judgments are a great resolution of a case if the district attorney had a good case against you. Rather than likely lose at trial, entering into a contract where you agree to terms similar to probation is a no brainer – if you can obey the rules. At the end of a deferred judgment, your case is dismissed and you can have your record sealed – no conviction enters. Similarly, getting a probation sentence beats going to jail, although a permanent conviction enters. However, what occurs when you fail to obey the rules of your deferred judgment or probation? You will face a Petition to Revoke your deferred judgment or probation.
What is a Jefferson County Deferred Judgment and Sentence?
A deferred judgment is also known as a deferred. It involves pleading guilty to one or more charges, and completing conditions nearly identical to probation. If you are successful for the term of the deferred, your case will be dismissed and you can have your record sealed. If you are not successful, a Complaint to Revoke Deferred Judgment and Sentence or a Petition to Revoke Deferred Judgment and Sentence will be filed. Next, a hearing is scheduled to determine whether you violated the terms and conditions of your deferred. If the court finds that you did, your deferred is revoked and you will face resentencing with any of the original possible penalties. These include a new sentence to probation, work release, jail or prison. Definition of Deferred Judgement and Sentence.
What is an Arapahoe County Probation Revocation?
An Arapahoe County Attorney faces a Petition to Revoke Probation or a Complaint to Revoke Probation when their client fails to meet the terms and conditions of probation. Since probation is only granted following a conviction (by guilty plea or upon a finding of guilt), that issue is dead. There is no scenario where a conviction enters following a probation revocation. Instead, people are resentenced following a judge’s finding that you violated your probation. All of the original possible sentences are available to the judge, just like above.
Hearing for Deferred Judgment or Probation Revocation in Douglas County
A judge presides at these hearings. There is no jury right. Next, both sides can call witnesses. Usually, a probation officer is the main witness for either hearing. In Douglas County, and other places, sometimes the deferred is supervised by a diversion or deferred judgment officer. If so, that person is the main witness against you. During the hearing, these witnesses will testify that you did not contact them as directed, did not show up for appointments, did not complete your treatment, did not do your community service (this happens a lot), did not pay your costs and fines, did not pay restitution, did report to the jail for a small sentence before starting probation, committed a new criminal offense, or had a hot UA (Urinalysis). These allegations should all be spelled out in your Complaint or Petition to Revoke. It is essential that your criminal defense attorney prepare for the hearing and offer a legal basis for your failure to comply on any of these conditions.
Don’t try and defend yourself at a hearing on the allegations in your Petition to Revoke your deferred judgment or probation. Instead, call our experienced revocation lawyers at 303-731-0719. Together, we can protect your future.
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