Description of Deferred Judgement
A Deferred Judgment is a unique agreement between the City Attorney, the defendant, and the Municipal Court Judge. In a Deferred Judgment, the defendant enters a Guilty Plea to a charge, but the Municipal Judge does not immediately sentence the defendant. Instead, the Municipal Judge agrees to continue the sentencing hearing to a later agreed upon date.
If the Defendant follows the terms and conditions of the Deferred Judgment Agreement, at the end of the Deferred Judgment the Judge will throw out the previously entered guilty plea and dismiss the charge to which the guilty plea was entered.
No Guilty Plea
If a Deferred Judgment is successfully completed, the Guilty Plea will never be placed on Defendant's criminal or traffic record and will never be transmitted to other agencies or to the National Crime Database. If a guilty plea is thrown out and the case is dismissed pursuant to a Deferred Judgment Agreement, a defendant can thereafter legally state that he was never convicted of the charge.
Failure to Complete Terms
On the other hand, if the City Attorney believes that a defendant has failed to successfully complete the terms and conditions of a Deferred Judgment Agreement, the Defendant will be brought back to court to determine whether or not the defendant is in violation of the terms and conditions of the Deferred Judgment Agreement.
Guilty Plea or Violation of Deferred Agreement
If a defendant pleads guilty or is found guilty of violating the terms and conditions of the Deferred Judgment Agreement, the Municipal Judge can sentence the defendant to the maximum possible sentence that the Municipal Judge could have imposed at the time the Deferred Judgment was granted. In addition, the conviction would then be reported to the appropriate agencies and the National Crime Database.
Not Guilty Plea
If a defendant pleads Not Guilty to an alleged violation of a Deferred Judgment, there will be a trial before the court on the issue of whether or not the defendant did violate the terms and conditions of the Deferred Judgment Agreement. A defendant is NOT entitled to a jury trial on this issue.
Length of Agreement
Deferred Judgments are normally 6 or 12 months in length. The additional terms and conditions of a Deferred Judgment Agreement vary depending on the type of charge to which the defendant pled guilty. All Deferred Judgment Agreements prohibit the defendant from committing further criminal and/or traffic violations during the Deferred Judgment. In addition, court costs are imposed on Deferred Judgment Agreements.
Pursuant to Section 24-72-308 C.R.S., any person in interest may petition the district court of the district in which any arrest and criminal records information pertaining to said person is located for the sealing of all of the said records, except basic identification information, if the records are a record of official actions involving a criminal offense for which said person was not charged, in any case which was completely dismissed, or in any case in which the defendant was acquitted. Certain records may be eligible for sealing through the District Court not less than three (3) years after completing your sentence in this case pursuant to Section 24-72-308.9 C.R.S. Please consult the statutes or legal counsel with respect to these matters. Certain limitations and time limits apply.