In Fort Collins and Larimer County, if a person is facing incarceration, there are two potential options: the Colorado Department of Corrections (DOC) or the Larimer County Jail. There are many different elements and intricacies when it comes to sentencing a person for a crime, but the general rules are that a misdemeanor crime is punishable by a sentence to the Larimer County Jail and a felony crime is punishable by a sentence to prison (DOC). Every case is different, so if you are charged with a crime in Fort Collins, Loveland or Estes Park, contact our office and get the run down on what sentencing may look like in your case!
Sentence to the Colorado Department of Correction (DOC): Who Gets Sentenced to DOC in Larimer County Courts?
A conviction for a felony crime is subject to a sentence to the Colorado Department of Corrections, or DOC. However, this does not mean that every felony conviction will result in a prison sentence. There are alternatives that can be negotiated with the Larimer County District Attorneys and Judges. Some of the alternative sentencing options include Community Corrections, probation, or probation with a condition of up to 90 days county jail. You could also plead to a felony with an agreement for probation and then also plead to a misdemeanor, which may carry a Larimer County Jail sentence. Plea bargaining is a complex process and our experienced defense attorneys are willing to get creative to get the best sentence possible for our clients.
Misdemeanor Crimes in Fort Collins and the Larimer County Jail: How Does Someone Get Sentenced to the Larimer County Jail?
If you are charged with a misdemeanor crime, like Harassment or Third Degree Assault, you cannot be sentenced to DOC, or prison. Instead, you are facing a potential sentence to the Larimer County Jail. The maximum number of a days a person can be sentenced to jail is 364 (just a day short of a full year). Just like with felony crimes, a misdemeanor conviction does not mean that you will HAVE to spend time in jail. There are alternatives like a straight sentence to probation, or a probation sentence with up to 60 days in the Larimer County Jail as a punitive measure. Work release is also an option, where the DA is pushing for some confinement time, but you would still be able to leave the facility to keep your employment. Our goal is to help facilitate a plea agreement that is the least punitive possible and one that doesn’t have a lasting effect on your future.
Plea Bargains in Loveland and Estes Park Criminal Case: How Does Plea Bargaining Work in Larimer County
Plea bargaining is a vital part of your criminal defense. It’s the opportunity for your defense attorney to discuss the case with the Larimer County DA and come to an agreement on an outcome. Both sides must make concessions for the plea bargaining to work. The DA is motivated to work with us because they simply cannot take every case to trial. It would be far too overwhelming. And, many cases have issues that could present problems at trial. We vehemently point out those issues in order to get a better plea deal arrangement. Unless the DA is unwilling to negotiate or gives a really bad offer and refuses to budge, a plea bargain is generally the way most cases resolve. It’s usually when a defendant is completely unwilling to plead to anything or the DA is not working with us that the case is set for trial.
If you or someone you love has been charged with a misdemeanor or felony crime, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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