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What happens when deferred sentence is being revoked cause of another case? - Colorado springs,Co
Anonymous1 views4 answers
I am on a deffered sentence for a dui I got last year and I was caught with a driving under revocation and now I got a letter saying they are taking me back to court to revoke my deferred sentence. What is going to happen and what do I need to do?
Only if you violate any terms or condittions of the Deferred can it be revoked. You are entitled to a hearing before a Judge. The burden of proof is on the prosecution but it is the lower civil standard except if the underlying reason is a crime that crime must be proved beyond a reasonable doubt. A dur is a crime.
Hire a good criminal defense lawyer to help you fight both the revocation of the deferred and this current dur charge.
It can be worked out so your deferred is not revoked and you are not convicted of a dur which has a mandatory jail sentence if convicted of the dur.
Hire a lawyer immediately.
Best of luck
If you are convicted of the DUR and the deferred judgment is revoked, you face the original possible sentence on the original DUI charge -- meaning that you could face up to a year in the county jail along with associated fines, community service, and everything else that goes with a DUI conviction.
As the previous two answers have already urged, hire a good criminal defense attorney as soon as you can. I recommend Timothy Bussey. Here is a link to his profile.
http://www.attorneyqna.com/attorneys/80903-co-timothy-bussey-1172128.html
Best of luck.
John Buckley
As the previous attorneys have stated a conviction to Driving While Privledge Revoked or Suspended will cause your DJ&S to be revoked. And the biggest problem is the standard of proof the DA will have to meet to do it; Preponderance of the Evidence, NOT Beyond a Reasonable Doubt.
As such, you need to fight with all your might to avoid conviction on this new charge. A guilty plea or conviction acts like two convictions not one. Be proactive.
Dan