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I already have a lawyer, but want a second opinion. I got drunk, caused a disturbance, and my son (age 15) called 911 and a told a police officer everything. I face the following charges: First Degree Burglary (F3), First Degree Criminal Trespass (F5), Menacing (F5), Assault in the third degree (M1ER), and Child Abuse (M1). I have been offered a plea bargain: Dismiss burglary charge, deferred sentense on the remaining charges, 4 years probation. What exactly does this mean? What will my record show during and after the deferred sentence is completed? I live in Colorado. Please don't bother answering if you won't give a detailed answer on all points.
State/Country relating to Question: Colorado
Deferred sentence or deferred prosecution? Big difference.
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Wrong already. I mentioned nothing about deferred prosecution. I reject all your terms.
Hello there,
What the prosecutor is offering means that the burglary charge will be dismissed altogether--you will not have to worry about that anymore. Furthermore, a "deferred sentence" is where if the defendant (you) successfully completes a period of probation (4 years in your case), the charge(s) are dismissed without a conviction being entered. The result is that you can truthfully deny having been convicted of the underlying criminal offense(s). So your record will show your arrest, but not a conviction. You can then apply to have your record expunged and no one will be able to see anything.
Thanks. But what about my record while I am on probation? What will it show? Convictions?
Hello,
Happy to keep helping you. No, it will not show a conviction while you are on probation. And if you complete the terms of your probation, it will not show any convictions either. But the arrests will show until you finish your probation and apply for expungement. You have to finish your probation before you will be eligible for expungement. But once you apply and get your record expunge, none of the arrests will show up. It's like getting your records sealed.
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