Legal Question in Criminal Law in Colorado

Hello, my question pertains to a deferred sentence in Colorado Springs. I am currently serving in the active duty US Army and committed a crime classified as Criminal Mischief. I received a deferred sentence and had to do 24 hours community service and 12 anger management classes. I failed to complete both of these in the allotted time frame (1 year) do to my occupations obligations. I wasn't deployed during this time. I showed up on my court date to admit my failure and was given another 4 months to comply. My question is if I do not complete the said requirements, what is the likelihood of incarceration, and for how long? As well as if I do not complete it all, but have the majority done what can happen?

Asked on 5/02/13, 6:29 pm

2 Answers from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC
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It is interesting that the deferred period was extended by 4 months. If you do not successfully complete the conditions of the deferred, the conviction against you will enter. In order to get the deferred, you were required to plead guilty. That means no trial is needed anymore. The Court can then sentence you to anything you could have been sentenced to previously. The maximum sentence will depend upon the value of the items damaged. If the value was high enough, the charge may be a felony. That may result in prison time (not mere jail time) and likely termination from the US Army. You need to get in front of this so that the consequences can be minimized. You likely need a lawyer now.

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Answered on 5/02/13, 9:50 pm
Clifton Black Black & Graham, LLC
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Mr. Fenaughty is correct, by statute a deferred can only be extended for payment of restitution. What the court in El Paso does is notify you of the first court date for the revocation, then they will give a following court date for a hearing. It appears that the court set yours out far enough to give you time to complete the requirements. If you go back in 4 months and still have not completed your requirements you can either admit to failure or have a contested hearing. In all likelihood the conviction would enter. Although your service to the Country is much appreciated, when you entered a plea agreement it did not state for you to complete the requirements unless you job interferes. If the court revokes, the conviction will enter, the court can sentence you to jail but more likely you will go on probation and s be required to complete things. If you continue to fail eventually you will go to jail. Get it done.

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Answered on 5/03/13, 4:25 am

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