The Benefits of a Deferred Judgment and Sentence in Colorado

“Can I get a deferred sentence on this case?” is a question that I get asked a lot as my clients’ cases are in the negotiation phase with the DA. Is a deferred a good deal? Is it something that makes sense in this case? Is it even being offered by the prosecutor? Let’s cover what a deferred sentence is, how it works, and the benefits (and potential drawbacks)

Colorado law provides an option that can help certain defendants avoid a permanent conviction: a deferred judgment and sentence (DJS). Sometimes simply called a “deferred sentence”, or even a “deferred,” this agreement with the prosecutor, when handled properly, can give people an opportunity to keep their record clean while still requiring accountability to the court.

What Is a Deferred Judgment and Sentence?

1. Negotiation

Your defense attorney negotiates the deferred judgment with the prosecutor. Not all charges qualify, and eligibility often depends on your criminal history and the facts of your case. Ultimately, whether a deferred is offered is up to the prosecutor.

2. Plea

You enter a plea of guilty in court, but sentencing is not imposed.

3. Supervision

You are placed on probation-like conditions, often including:

• No new criminal offenses
• Alcohol/drug education or treatment (for DUI, drug, or related cases)
• Community service hours
• Fines or court costs

4. Completion

If you successfully complete the period without violations, your plea is withdrawn and your case is dismissed.

If you fail to meet the terms—for example, you get arrested again or miss required classes—the court can revoke the deferral and immediately enter a conviction and sentence against you. If it is a traffic matter, then the points will enter on your DMV record as well.

Is a Deferred Judgment a Conviction in Colorado?

This is one of the most common questions clients ask. The answer is: no, not if you successfully complete it. While the case is pending, it will show on your record as a guilty plea with a deferred judgment. Once you finish and it’s dismissed, there is no conviction.

Remember: If you violate the terms of the deferral, the judge can enter the conviction, and it will then appear on your permanent record as a conviction.

Can a Deferred Judgment Be Sealed?

Yes, in most cases. After your case is successfully dismissed, you may be eligible to seal the record, which means the public cannot see it in background checks. This is one of the biggest benefits of a deferred judgment—it gives you the chance to keep your future clean.

Your attorney can guide you through whether your case qualifies for deferment/sealing.

Benefits of a Deferred Judgment and Sentence

• Avoids a Conviction: You can keep a criminal record from following you for life.
  
• Sealing Eligibility: Many dismissed cases can be sealed, helping with jobs, housing, and education. Colorado recently changed the sealing laws to be a little more lenient. Many convictions can be sealed after a certain amount of time has passed.
  
• Second Chance: It allows first-time offenders or those who made a mistake to prove themselves without lifelong consequences.
  
• Negotiated Outcome: Often better than risking trial or a straight conviction and sentence.

What Types of Cases May Be Eligible?

Deferred judgments are more common in lower-level, non-violent offenses, such as:

• Certain misdemeanors
• Low-level drug possession
• Some theft cases
• First-time DUI or DWAI (in limited circumstances)

Each case is fact-specific, and eligibility depends on both the law and the discretion of the prosecutor and judge.

Important Considerations

• A deferred is not automatic; it must be negotiated.
• It still requires a guilty plea, which is serious. If you fail to complete the conditions, you lose the chance to fight the case because you already entered the agreement.
• Immigration status can be impacted even by a deferred judgment, so non-citizens should get specialized legal advice.

Conclusion

A deferred judgment and sentence can be a powerful tool to protect your future if you are facing criminal charges in Colorado. It allows you to accept responsibility while still keeping the door open to dismissal and record sealing.

If you’re considering this option, the guidance of an experienced defense attorney is crucial. At the McDowell Law Firm, we work to negotiate deferrals where possible and help clients successfully complete them so they can move forward with their lives.

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from McDowell Law Firm https://mcdowellfirm.com/deferred-judgment-and-sentence-in-colorado/
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