Facing a DUI charge in Colorado can be an overwhelming and confusing experience. Although a DUI conviction can lead to serious consequences, there are ways to avoid ending up with a criminal record.
A deferred judgment is one such option, offering a path toward resolving your case without a formal conviction. This post will explain a deferred sentence meaning under Colorado law, eligibility criteria, the process, consequences, and potential benefits.
What Is a Deferred Judgment?
A deferred judgment, also known as deferred prosecution for DUI or deferred sentence, allows a defendant to admit guilt to a DUI charge without immediate conviction. However, the court postpones the sentencing and conviction for a designated period.
During this time, you must fulfill specific conditions the court sets. If all conditions are met successfully, the case is dismissed, and the guilty plea is withdrawn. This means the DUI charge never appears as a conviction on your record.
Colorado Deferred Prosecution for DUIs
Colorado statute, CRS § 18-1.3-102, governs deferred judgments. The law allows the court, upon a defendant’s guilty plea and with the consent of the prosecutor and defense attorney, to defer judgment and sentencing for up to two years for misdemeanors, including DUI charges.
Eligibility Criteria for DUI Deferred Judgments
Not everyone charged with a DUI in Colorado is eligible for a deferred judgment. Several factors influence the eligibility criteria:
- First-Time Offenders. Generally, deferred judgments are offered to first-time offenders. If this is your first DUI charge, you may be considered for this option.
- Non-Aggravated Offenses. Cases that do not involve aggravating factors such as accidents, injuries, or extremely high blood alcohol content (BAC) are more likely to qualify.
- Compliance with Court Requirements. The court will assess if you are willing and able to meet the conditions outlined in the deferred judgment agreement.
The best way to determine eligibility is to consult an experienced DUI defense attorney in Colorado.
The Process of Obtaining a Deferred Judgment
Securing a deferred judgment in a DUI case involves several steps.
Plea Agreement
Your attorney negotiates a plea agreement with the prosecution, in which you agree to plead guilty to the DUI charge.
Court Approval
The agreement is presented to the court for approval. The judge must agree that a deferred judgment is appropriate in your case.
Compliance Period
You are given a set period (usually 12-24 months) to fulfill specific conditions. These conditions may include attending alcohol education programs, completing community service, probation, suspending a driver’s license with possible restricted driving privileges, such as only driving for work, paying fines and court costs, and continued alcohol and drug monitoring.
Monitoring and Completion.
Throughout the compliance period, you will be monitored to ensure you meet all the requirements. By meeting the requirements, at the end of your deferred judgment (typically after 35 days) your plea of guilty will be withdrawn and the charges against you dismissed.
Failure to comply with the court-ordered conditions may result in the guilty plea being reinstated and the conviction becoming permanent. It is essential to take the requirements seriously and fulfill them within the timeframe to avoid further legal consequences.
Implications and Benefits of Deferred Judgments
Understanding the consequences and benefits of a deferred judgment is crucial for anyone considering this option.
Implications
- Conditional freedom. While not immediately convicted, you are under probation during the deferral period.
- Strict compliance. Any violation of the terms can lead to immediate sentencing based on the original guilty plea.
- Monitoring. Regular check-ins and proof of compliance are mandatory.
Benefits
- Avoiding a criminal record. Successful completion means the DUI charge is dismissed, avoiding a permanent criminal record.
- Future opportunities. Without a DUI conviction, you have better prospects for employment, housing, and other opportunities.
- Learning and rehabilitation. The conditions often include educational programs that can help prevent future offenses and encourage personal growth.
While a deferred judgment isn’t a conviction, the arrest and charge will still appear on your background check until potentially sealed, which differs from dismissal after successful completion.
What Happens If I Violate the Terms of a Deferred Judgment?
If you violate any terms, the court can revoke the deferred judgment, and you will be sentenced based on your original guilty plea.
Is a Deferred Judgment Available for Second-Time DUI Offenders?
Deferred judgments are typically reserved for first-time offenders. Second-time offenders usually do not qualify. However, it is ultimately up to the judge’s discretion whether or not to grant a deferred judgment in a second-time DUI case. It is essential to consult with a legal professional to discuss your specific situation and options.
Should I Consider a Deferred Judgment If Offered?
Consulting with a qualified DUI attorney is crucial to understand the implications and determine if a deferred judgment is the best course of action for your specific case. Deferred judgments can have long-term consequences, so weighing the potential benefits and drawbacks before deciding is crucial. Also, consider alternative sentencing options that are applicable in your case.
Do I Need an Attorney to Get a Deferred Judgment?
Although not obligatory, due to Colorado’s complex DUI laws, having an attorney significantly improves your ability to negotiate a favorable deferred judgment agreement and fulfill all conditions.
How Long Does a Deferred Judgment Last?
The deferral period usually lasts between 12 months to four years, depending on the court’s requirements, whether the charge is a misdemeanor or a felony, and the details of your case.
Questions About Deferred Judgment? We Have Questions
If you’re facing a DUI charge in Colorado, don’t navigate the legal process alone. Contact Mark S. Rubinstein, P.C. Our skilled DUI defense team has in-depth knowledge of Colorado law and a history of achieving positive client results.
Our firm focuses on DUI defense and has a proven track record of helping clients achieve favorable outcomes through deferred judgments. With our local knowledge and dedication to each case, we provide the expert guidance you need.
For more information or to discuss your case, contact Mark S. Rubinstein, P.C. today.
