When a person is charged with a crime in Fort Collins and Larimer County, they must go through the court procedure to come to a resolution with their case. The best resolution for any misdemeanor or felony criminal case is a dismissal. This occurs when the DA determines that there is no reasonable likelihood of success if the case went to trial. This often occurs as a result of the defense providing pertinent information or pointing out the serious holes or inconsistencies in the case that will cause the DA big issues at trial. Another possible resolution is a conviction. This is a (mostly) permanent mar on your record. While some convictions are eventually sealable, it is something that you will have to carry on your criminal record and will show up when someone runs a background check for a longer period of time until you can petition the court to seal it. A good middle of the road option between a dismissal and a permanent conviction is entering into a deferred judgment. Let’s take a closer look at deferred judgments and how it might be the right option for your criminal case.
What is a Deferred Judgment in Fort Collins?
A deferred judgment is basically a temporary conviction in Fort Collins, Loveland, and Estes Park. This means that for an agreed upon period of time, you will have a conviction on your record. However, once you have completed that time period, your case will be dismissed. Here’s an example:
Say you were charged with Harassment as an act of Domestic Violence for pushing your girlfriend out of your way when you two were arguing. It’s your first criminal charge and your girlfriend never wanted you to be charged and is very much in favor of the case going away. However, the DA refuses to dismiss the case outright, because while talking to the police, you admit to pushing her. However, through negotiations, your attorney is able to get the DA to agree to a deferred judgment and sentence. The deal looks like this – you plead guilty to Harassment and are put on 18 months of probation. You must complete domestic violence treatment and abide by any terms and conditions of probation. Once the 18 months is up, the judge reviews the case and if you have successfully completed everything and remained law abiding, your case is dismissed and eligible for immediate sealing.
Why Accept a Deferred Judgment in a Larimer County Criminal Case?
Deferred judgments are often a great outcome to a criminal case because it is a guaranteed dismissal. As long as you do what you are supposed to do, your case will be dismissed. Not just closed – dismissed! Like you never actually plead guilty to anything. Not only that, but you can seal it immediately once it is dismissed and by statue, a judge must grant the sealing. You are guaranteeing that your criminal history will be clean. There are no guarantees with trial. You may have a great case, but there is always a chance that a jury doesn’t see things the same way. Then you end up with a permanent conviction. We understand how hard it is choosing between taking the risk at trial or pleading to something just to get the guaranteed dismissal with a deferred judgment. Our attorneys will walk you through every aspect of all your options to make sure you are well informed and feel confident in the choice you are making. Protecting your future is always our #1 priority and sometimes, that means taking the deferred judgment and temporary conviction to guarantee a clean record in the future.
If you or someone you love has been charged with a 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 your free initial consultation. Together, we can protect your future.
Photo by Brett Jordan