What Is Deferred Sentencing for Adults In Colorado?

If you’ve been charged with a minor, non-violent crime in Colorado and have no history of previous criminal offenses, a deferred sentence may be a possibility you can discuss with your Colorado Springs criminal defense lawyer. A deferred sentence requires you to plead either guilty or no contest to the charges against you, but could result in an eventual dismissal with no criminal record as long as you meet the required terms.

What Is a Deferred Sentence?

A deferred sentence occurs in Colorado when a judge agrees to postpone or delay the sentencing for a criminal conviction for a specific amount of time. This allows you to complete a probationary period and any additional requirements set by the judge. Successfully meeting the requirements without a further offense results in a dismissal of the charges at the end of the probationary period.

Many first-time offenders of non-violent and low-level crimes, such as drug possession, traffic violations, and public intoxication, seek a deferred sentence to avoid the long-term consequences of a criminal conviction. If you seek a deferred sentence as a Colorado adult, at the end of the probationary period, you are allowed to retract your guilty plea, and the judge drops the charges and seals the criminal record, allowing you to walk away with a clean criminal record.

What Conditions Are Required In Deferred Sentencing?

The conditions a judge requires you to meet for a deferral of your sentence depend on the crime. Typically, the terms of the deferral require a specific amount of community service, but may also include participation in a drug or alcohol treatment program if the crime was related to drug or alcohol use. Completing a safe driving program may be a requirement if the charges are traffic-related, such as a reckless driving charge.

Most probationary periods in deferred sentencing range from six months to one year.

Supervised vs. Unsupervised Deferred Sentencing

Depending on the seriousness of the charges, a judge may order supervised or unsupervised deferred sentencing. Very minor, non-violent crimes may result in an unsupervised deferral without the requirement of regular meetings with a probation officer. Instead, the judge may require self-reporting and mailing in proof of compliance with community service and treatment programs.

More often, a judge orders supervised deferred sentencing, which requires the defendant to attend mandatory meetings with a probation officer and other typical probationary requirements, such as drug and alcohol testing.

What If I Fail to Meet the Terms of a Deferred Sentence In Colorado?

Under section 18-1.3-202 (1), Colorado law states the following:

“When, as a condition of the deferred sentence, the court orders the defendant to make restitution, evidence of failure to pay the restitution shall constitute prima facie evidence of a violation…. A warrant for the arrest of any defendant for breach of a condition of a deferred sentence may be issued by any judge of a court of record upon the report of a probation officer, or upon the verified complaint of any person, establishing to the satisfaction of the judge probable cause to believe that a condition of the deferred sentence has been violated and that the arrest of the defendant is reasonably necessary.”

Not only does a deferred sentence waive your right to a speedy trial, it also results in arrest if your probation officer reports that you violated the terms of the agreement.

If you have been charged with a non-violent crime and have no criminal record, speak to a Colorado criminal defense lawyer about the possibility of deferred sentencing in your case. Schedule a free consultation today.