Juvenile Sentencing: Deferred Sentences and Probation

SENTENCING - JUVENILE 
MUNICIPAL ORDINANCE VIOLATIONS
(Non-traffic related)

Deferred Sentence:

A deferred sentence is a way you avoid a conviction on your record.  It requires you to plead guilty or no contest to the charges and pay the fine and costs, however, the conviction does not enter upon your record.

Deferred sentences are deferred for a period up to twelve (12) months.  If you are not adjudicated, convicted, or found guilty of any additional criminal or delinquent offenses (excluding minor traffic offenses) which occur after the plea date, and you pay the fine and costs, and you comply with any other conditions ordered by the Court, the conviction will never enter and the case will be dismissed in its entirety after completion of the deferred period.

You are eligible for a deferred sentence if you have no prior criminal convictions/adjudications of an identical nature within the last two (2) years and no other criminal convictions/adjudications (including deferred sentences) within the last one (1) year.  There is an additional $20 deferred sentence fee for a deferred sentence under these circumstances. 

If you have a previous deferred sentence still pending (meaning you are still under the jurisdiction of the Court), you are not eligible for a deferred sentence.

You will not be given a deferred sentence on the date of trial.  Some specific offenses are not eligible for deferred sentencing under any circumstances.

Probation:

Probation is a condition of your sentence that allows the Court to observe and evaluate your behavior over a period of time. Probation may be supervised or unsupervised.  You will be assessed a $50 probation fee. 

The Court generally places all juvenile defendants on unsupervised probation for a period of time not to twelve (12) months.  If you are placed on unsupervised probation, you will not need to meet with the Juvenile Probation Case Manager on a regular basis but the Juvenile Probation Case Manager is your point of contact with the Court should you have any questions or concerns about completing your sentence.  If you are placed on supervised probation, the Court will tell you how often you must meet with the Juvenile Probation Case Manager.  The Juvenile Case Probation Manager can be reached at (719) 562-3805 or (719) 562-3810.

The Court may impose conditions of probation as it deems appropriate including but not limited to taking a class, attending school, maintaining good grades, and/or paying restitution.  In addition to any special conditions imposed by the Court, you will have to comply with the following standard conditions of probation:

• No new violations of law (except minor traffic infractions).
• No use, possession or consumption of tobacco (including e-cigarettes and vapes), alcohol or non-prescription drugs (including marijuana in any form). 
• No use or possession of drug paraphernalia of any kind.
• No use or possession of weapons of any kind.
• You must follow all rules at home and school.
• No new disciplinary actions at school.

Failure to comply with the terms and conditions of probation within the time allowed by the Court may result in additional sanctions.  Failure to pay all fines, fees, costs and restitution within the time allowed may result in conversion of the same to parental responsibility and assignment of the case to collections.