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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116808
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Mr. Sierra plead guilty to 2 charges of theft in 2008 case

Customer Question

Mr. Sierra plead guilty to 2 charges of theft in 2008 case #*****
During sentencing Judge Menendez ordered that Sierra not be treated as a sex offender in reference to a case against Sierra in 1989. (I have those court transcripts) Sierra was placed on probation.
In 2012 Sierra was sent to prison for violating his probation. He was released to a halfway house, escaped and was arrested in November 2012 and sent back to Prison.
In October 2013 was paroled and again he stopped reporting to parole and arrested in April 2014 and picked up a drug possession charge. He was sent back to prison for 180 days. Just prior to parole, his case manager informed Sierra that he was classified as a sex offender. Sierra explained that Judge Menendez ordered that he was not to be treated as a sex offender. She offered to help get the status corrected if he could get the sentencing transcripts. I was unable to get them before he was released.
In October 2014 Sierra was paroled on a Wednesday and didn't report to parole until the following Monday. He was immediately arrested and sent back to prison for 180 days. He again made his case manager aware of his incorrect status as a sex offender. He was to get the transcripts for them to help.
He didn't receive the correct transcripts until the week before his parole and his case manager advised Sierra to address the situation with his Parole Officer.
On April 1, 2015 Sierra was paroled. He immediately checked in with his Parole Officer and made him aware of the mistake in his classification of a sex offender. The PO told Carlos he would look into it. The following week Sierra went to his appointment with the Sexual Treatment Programs Center (not sure if this the actual title). Sierra explained his situation which they said they couldn't help. They ultimately decided that there was no reason to recommend Sierra for entry into one of their programs.
Around May 5, 2015 Sierra's PO and 4 other officers searched our residence to find evidence against Sierra. They arrested him and confiscated 2 cell phones, and a laptop. He is currently being held at Park County Jail. When he received the complaint to revoke his parole, the bulk of the charges were based on the caveats of his sexual offender portion of his parole agreement. We believe if the sexual offender directives were removed from Sierra's parole agreement, as they should be, he wouldn't be facing revocation of his parole.
I have contacted every person that has been involved with this case, DOC, Jeffco DA, Parole, Governor, Lieutenant Governor, Attorney General, SOMTP and have received various responses.
The response from the DOC side of the world is that they are looking into it. Jeffco continues to suggest hiring a lawyer. I have tried to hold off on a lawyer because Sierra's family is dirt poor, but it has been 3 weeks and it doesn't appear that DOC plans on resolving or explaining Sierra's classification.
What can I do next?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, unless you are Mr. Sierra's attorney, the DOC or Governor or no other agency has to give you information about Mr. Sierra's situation. This is why Jeffco correctly is telling you that you need to get him an attorney as soon as possible. If he cannot afford an attorney, go to the local court and into the public defender's office because he is entitled to free counsel if he cannot afford one and he has to have counsel so they can find out why they are holding him and if they have good reason and probable cause to be doing so or if they are perhaps violating his rights and can get him released.