Adult Sentencing: Deferred Sentences and Probation
SENTENCING - ADULT MUNICIPAL ORDINANCE
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.
You are eligible for a deferred sentence if you have no prior criminal convictions/adjudications of an identical nature within the last five (5) years and no other criminal convictions/adjudications (including deferred sentences) within the last three (3) years. There is an additional $20 deferred sentence fee for a deferred sentence under these circumstances.
You are not eligible for a deferred sentence if you have a previous deferred sentence still pending (meaning you are still under the jurisdiction of the Court) or any previous cases are in collections.
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 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 may place adult defendants on unsupervised probation for a period of time not to exceed twelve (12) months. If you are placed on unsupervised probation, you will not need to meet with the Probation Case Manager on a regular basis but the 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 Probation Case Manager. The Probation Case Manager can be reached at (719) 562-3815 or (719) 562-3810.
The Court may impose conditions of probation as it deems appropriate including but not limited to seeking, obtaining or maintaining employment, taking a class, participating in substance abuse treatment, and/or participating in mental health treatment . 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 alcohol or non-prescription drugs (including marijuana in any form, unless you have a medical marijuana license).
- No use or possession of drug paraphernalia of any kind.
- No use or possession of weapons of any kind.
Failure to comply with the terms and conditions of probation within the time allowed by the Court may result in a warrant or additional sanctions. Failure to pay all fines, fees, costs and restitution within the time allowed may result in the assignment of the case to collections.