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        a.  Guilty Plea.  When a defendant enters into a deferred sentencing agreement, he / she enters a plea of guilt.  Imposition of sentence is delayed during the period of deferment.

        b.  Period of Deferment.  The deferred sentence will be set for a specific period of time - i.e.: six months, one year, eighteen months, two years, etc.

        c.  Conditions of Deferment.  During the deferred sentence, conditions will likely be imposed. 

1.         Conditions frequently includes no violations of criminal law, but may exclude minor traffic infractions of 4 points or less. 

2.         The defendant may be ordered to refrain from and not consume alcohol or illicit drugs.

3.         The defendant may be ordered to complete alcohol or drug treatment, Alcoholics Anonymous (AA) meetings, anger management classes, domestic violence classes or other treatment relevant to rehabilitation.

4.         Restitution will be ordered if any third person has sustained damage as a result of a defendant's action.

        d.  Supervision.  Deferred sentence may be supervised by the probation department, or it may be unsupervised.

        e.  Satisfactory Compliance.  Upon satisfactory completion of the deferred sentence, the defendant's plea of guilt will be withdrawn and the relevant charges which were deferred will be dismissed.  If all charges were deferred, the case itself will be dismissed. 

1.         In district and county courts (state courts), dismissal upon satisfactory completion will usually be done automatically by the court without further action on the defendant's part so long as the defendant has satisfactorily complied with all conditions of the deferred sentence agreement.  

2.         In Colorado Springs Municipal Court the defendant must personally be present at a court return date unless he or she is notified by the prosecution that appearance is not necessary.

3.         Given the fact sentence has not been imposed, in traffic cases the infraction or offense is not identified on the consumer driving abstract.  Therefore, insurance companies, employers or other civil agencies would not see the infraction or offense on your driving record.

4.         DMV does maintain a criminal justice driving abstract which reflects all alcohol related traffic charges and final disposition, including deferred sentence.  This would be available only to police, prosecutors, probation departments and courts.

        f.  Failure to Comply. 

1.         The defendant has previously entered a plea of guilt, therefore the right to trial by jury or trial to the court has been waived (given up).

2.         The court alone without a jury would hold a hearing regarding revocation.  The sole issue is whether the defendant complied with all conditions of the deferred sentence, or whether he / she violated or otherwise failed to comply.  If the Court finds failure to comply, the deferred sentence would be revoked and a straight conviction would enter.

3.         Upon revocation of deferred sentence, the court would then impose sentence.  

4. The court may impose probation with terms and conditions, or may simply impose a jail sentence.  Jail sentence as a condition of probation with other conditions would not be uncommon if a deferred sentence is revoked.  Deferred sentence is similar to "one bite out of the apple."  When you take a second bite & find half a worm in the apple, you know where the other half is.  Comply with the terms of your deferred sentence and file proof with the court

        In determining whether a deferred sentence is a "conviction," the key factor to be considered is the legislative intent behind the use of the word in the statute involved.

        A person who has successfully completed the period of deferred sentence would no longer be "convicted" within the meaning of CRS 16-7-403(2).  does not apply. Moreover, CRE 410 would apply to such a situation: "Except as otherwise provided by statutes of the State of Colorado, evidence of a guilty plea, later withdrawn,... to the crime charged or any other crime,... is not admissible in any civil or criminal action, case, or proceeding against the person who made the plea or offer." Thus, evidence of the guilty plea is no longer admissible after successful completion of the period of the deferred sentence. Hafelfinger v. District Court, 674 P.2d 374, 377 Headnote 3 (Colo. 1984).

        For purposes of the habitual criminal statues, it is evident from the language of the statute that a plea of guilty, a guilty verdict, or a finding of guilt by the trial judge, alone could not effective be used to enhance the punishment for the reason that the conviction process is incomplete. Until there has been an adjudication of guilty the entry of judgment, the fact of guilt has not been judicially declared. People v. Jacquez, 196 Colo. 569, 588 P.2d 871, 873, 874 (1979).

        On the contrary, in some circumstances, we have considered a guilty plea alone enough to constitute a "conviction": A plea of guilty differs in purpose and effect from a mere admission or an extra-judicial confession; it is in itself a conviction. Like a verdict of a jury it is conclusive. More is not required; the court has nothing to do but give judgment and sentence. Kercheval v. United States, 274 U.S. 220, 47 S. Ct. 582, 71 L.Ed. 1009 (1927) (re: possession of firearms).

        Pursuant to CRS 16-7-403(1) there is a difference between conviction and judgment. A defendant is "convicted" upon the acceptance by the trial court of his guilty plea. A deferred sentence permits a defendant to plead guilty without the entry of a judgment of conviction. People v. Widhalm, 642 P.2d 498, 500 (Colo. 1982).

        For purposes of eligibility for a personal recognizance bail bond, the Hafelfinger court held the successfully completed deferred sentence constituted a "conviction;" the defendant was ineligible.

        If DUI charges were later brought arising out of new circumstances, although not admissible in the prosecutor's case in chief, for sentencing purposes a prior offense in which a defendant entered a plea of guilt to a deferred sentence could be considered to be a prior conviction. This exists even though sentence is deferred; the defendant successfully complete all requirements and the plea is later withdrawn. People v. Lichtenwalter, 520 P.2d 583 (Colo. 1974); People v. Cornelison, 616 P.2d 173 (Colo. App. 1980).

        Unless sealed, records of the law enforcement agency, district attorney and court will reflect the conviction and also reflect dismissal disposition. 

1.         If a defendant obtains another offense, an existing deferred sentence may be considered by the sentencing judge in the later case, particularly if the new charges are related to the same type of offense.  Jail is likely if you are again charged with a similar offense.  A deferred sentence is your "one bite out of the apple;" do not re-offend.

2.         If a criminal justice records search is later conducted with an individual's written consent for purpose of education, employment or security clearance, records would be accessible if not sealed. When the entire case is dismissed after deferred sentence, all charges and disposition may be subject to being sealed absent waiver of that right.  Refer to the Sealing Criminal Justice Records page for more detailed information 
    

        Sealing of traffic charges is treated differently than criminal charges. As a general rule, traffic records are excluded and may not be sealed.  CRS 24-72-308 and CRS 42-2-121  The DMV is required to keep a separate file of all abstracts of court records regarding dismissals and lesser alcohol offense or non-alcohol offense convictions where the original charges were alcohol or drug related traffic charges, i.e.: DUI, DEAC or DWAI.   These separate records are available only to criminal justice agencies. The statute in the above paragraph regarding sealing criminal justice records provides it shall not apply to records pertaining to any class 1 or class 2 misdemeanor traffic offense or to any class A or class B traffic infraction. CRS 24-72-308(3).  Given the traffic exception to sealing criminal justice records statute and records required to be kept by the DMV regarding alcohol related traffic charges, in my opinion the court would not seal record of a traffic deferred sentence even after dismissal.  Exception - minor with BAC below 0.05.

        Refer to the Sealing Criminal Justice Records page for more detailed information 

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