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  1. #1
    Join Date
    Nov 2008
    Posts
    3

    Unhappy Probation/Deferred Sentence Violation

    I got a deferred sentence in Colorado back in March for a felony prescription fraud case. Unfortunatly, I was arrested in August for assault. I am completely aware that if I get convicted of a new charge, I will violate my deferred sentence and probation, thus having the felony conviction stick. My question is this...my new case keeps getting postponed. The next court date will be a year into my probation. I have probation for 2 years. Is there anyway I could delay my convicition until I get off of probation so that my deferrment won't get revoked? Would they even let me off probation with pending charges? My probation officer is aware of the new charges but has told me that she is not going to file a probation violation until I'm actually convicted of something. She said she is doing this just in case the new charges are dismissed. This is not going to happen. I don't know what to do. Can I delay the matter and finish probation? I have a public defender and she is not sure what to do either. She suggested we have them file the probation violation now so that the two different counties will find a general solution and actually work togethe. And maybe they'll agree that if I plead guilty they won't revoke the deferred. My problem is complicated because the two cases are in different counties. One is in district court and the other is a misdemeanor. And for the moment the two courts are not willing to work together so that I can protect the deferrment. Please help. What are my options?

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Probation/Deferred Sentence Violation

    There is no way that you can delay the filing of charges for assault; that's up to the prosecuting attorney as to what their office will do. And no, the courts will not "cooperate" with each other on your charges; that's pretty much a given.

    You need to hire a good criminal defense attorney. You could be looking at jail time for the original charge as well as additional time for the second offense. Not to mention two criminal charges on your record which would disqualify you for expungement if you state has an expungement statue.

  3. #3
    Join Date
    Nov 2008
    Posts
    3

    Default Re: Probation/Deferred Sentence Violation

    I'm NOT trying to delay the CHARGES, I've already been charged. I'm asking if I can delay the CONVICTION. Since the new charges are in a different county, the county of the original conviction has not yet filed a motion to revoke my probation/deferred sentence. Nor has the probation officer. As I mentioned above she is waiting to see if I get CONVICTED of new charges. I'm asking if I can get off probation in a year with PENDING charges if, of course, they don't file a probation violation. Right now that is my only defense in the probation violation case (which technically there is NO violation filed yet) is that the new charges are allegations not convictions yet. Let's say someone commits a crime one month before their probation ends. Will the state let them off of probation if they never actually get convicted within that month they have on probation? That is what I am asking.

  4. #4
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Probation/Deferred Sentence Violation

    The only way to delay a conviction is by pleading not guilty and have your attorney represent you. Since you already have a PD, you need to follow his/her advise. If you don't trust that, then you're free to hire an attorney on your own.

    There is no way of determining what the courts will do in this situation or what they will do if your probation was completed and you're subsequently found guilty of the assault charge.

    Trust your attorney or hire another.

  5. #5
    Join Date
    Nov 2008
    Posts
    3

    Default Re: Probation/Deferred Sentence Violation

    My public defender doesn't know what to do!!! And I can't afford an experienced attorney. That is why I'm posting here cause I was hoping to maybe find some advice since my lawyer is not any help. And yes, I know, I would have to plead not guilty to delay the case. But would that even matter?? Do they let people off of probation if there are charges PENDING? Does anybody know?

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