Deferred Judgments In Colorado Criminal Cases: Are They Worth It?

In this article, you can discover…

• What a deferred judgment means in Colorado.
• How eligibility for a deferred judgment is determined.
• The benefits of a deferred judgment for your case.

What Does A Deferred Judgment Mean In A Colorado Criminal Case?

A deferred judgment occurs when the client pleads guilty to an offense, but instead of the conviction entering immediately, the court puts the case on hold during a probationary period.

During this time, the client must meet specific conditions. For example, in domestic violence cases, the law requires the judge to order domestic violence counseling. Other conditions might include drug testing or treatment, especially if the charge involves substance abuse.

The probation period typically lasts 18 to 24 months. If the client completes all the requirements and remains trouble-free, the guilty plea is withdrawn, and the case is dismissed. Once that happens, we can work to get the case sealed.

That said, deferred judgments aren’t right for everyone. If a client is struggling with addiction, the risk of violating probation, like failing a drug test, is too high. If you violate the terms of the probation period, the guilty plea becomes a conviction, and you’ll be sentenced accordingly.

While some attorneys might view deferred judgments as a win in every case, I treat my clients as individuals and consider each case on its merits. As your attorney, my goal is to ensure that any plea deal you enter into sets you up for success, not failure.

Who Is Eligible For A Deferred Judgment In Boulder County Criminal Court?

Eligibility for a deferred judgment in Colorado really comes down to whether or not the District Attorney is willing to offer it to you. In my experience, you’re more likely to be offered a deferred judgment if you have no prior convictions. If you have a criminal history, especially prior convictions, it becomes significantly harder to secure a deferred judgment.

Attorney Nancy Kardon is an experienced attorney who has worked diligently to protect those accused of crimes in the state of Colorado. With a career spanning several decades, she has seen nearly every case and will apply her extensive knowledge to secure your future, allowing you to regain peace of mind.

Still have questions? Ready to get started? Contact Kardon Law today to schedule an initial consultation.

Call For A Consultation - (213) 513-7753

What Are The Top Benefits Of Accepting A Deferred Judgment In A Colorado Case?

The greatest benefit of accepting a deferred judgment is the opportunity to walk away with a clean record if you successfully meet all the requirements.

It’s not an immediate dismissal, but after a period of time and full compliance with the terms of your probation, the case is dismissed, and then we’ll work to get it sealed.

Once the case is sealed, most employers, landlords, and licensing boards won’t see it, which can be highly beneficial if you hold a professional license.

It can also make a difference in immigration proceedings. In those situations, I always consult with an immigration attorney to understand how a particular plea, even under deferred judgment, might affect a client’s status under the Immigration and Nationality Act.

What Are The Risks Of Taking A Deferred Judgment In Colorado?

The main risk of taking a deferred judgment is what happens if you violate the terms of your probationary period. If you do not follow the set conditions, the guilty plea turns into a conviction, and you’ll be sentenced accordingly. That’s the gamble.

Sometimes a deferred judgment is offered to a higher charge because it could ultimately lead to a dismissal. However, you must weigh whether it might be smarter to negotiate a straight conviction on a lesser charge, such as a misdemeanor, rather than risking a later felony conviction if probation is violated.

What Conditions Are Typically Required During The Deferred Period?

The conditions of a deferred judgment usually depend on the facts of the case.

For example, if alcohol played a role in the offense, you can expect to be required to complete alcohol or drug treatment. If there are underlying mental health issues, mental health evaluation and treatment may be part of the terms.

In domestic violence cases, counseling is mandatory. It’s not a short process, either. I’ve rarely seen anyone finish domestic violence counseling in less than six months. A majority of the time, you’re looking at nine months to a year. It’s a serious commitment, and courts expect your full compliance with every condition during the deferred period.

Attorney Nancy Kardon is an experienced attorney who has worked diligently to protect those accused of crimes in the state of Colorado. With a career spanning several decades, she has seen nearly every case and will apply her extensive knowledge to secure your future, allowing you to regain peace of mind.

Still have questions? Ready to get started? Contact Kardon Law today to schedule an initial consultation.

Call For A Consultation - (213) 513-7753

Why Is Legal Guidance Essential Before Accepting A Deferred Judgment?

Legal guidance is essential before accepting a deferred judgment because it’s crucial for you to fully understand the potential consequences you face if you should violate the terms.

If you violate the terms of the probationary period, that plea can turn into a serious conviction, and you could be facing a significant sentence. For example, someone might plead guilty to a felony, thinking it will be resolved, but if they’re not a good candidate for a deferred judgment and they violate the terms, they could face two to six years in prison.

In some cases, it might actually be smarter to take a straight misdemeanor plea with no jail time, rather than risk a felony conviction down the road.

Every situation is unique and depends on the individual, which is why legal guidance is crucial. You need someone advising you who understands the law and how it applies to your unique situation.

What Role Does A Defendant’s Personal Growth Or Remorse Play In Securing A Deferred Judgment?

When trying to secure a deferred judgment, taking responsibility is one of the most important steps you can take. Prosecutors generally want to see that the defendant is taking responsibility for their actions, especially if they’re asking for a second chance that could eventually lead to a dismissal.

That said, there are cases where a person may accept a deferred judgment even if they maintain they didn’t commit a crime. Sometimes, the evidence against them is too strong, and the risk of going to trial and getting convicted is just too high.

In such situations, someone might choose to accept the deferred judgment as a means to avoid a permanent conviction, even if it means accepting responsibility for something they believe they didn’t do.

As a general rule, whenever possible, showing genuine remorse and a willingness to change can make a huge difference in whether the DA agrees to offer a deferred judgment.

Still Have Questions? Ready To Get Started?

For more information on deferred judgments in Colorado, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 513-7753 today.