QUESTION
If I took a plea for probation, is it still possible to opt out of probation and do jail time?
Asked on Apr 15th, 2014 on Criminal Law - Colorado
More details to this question:
I took a plea deal for 2 years probation for a misdemeanor assault after having majority of the other charges against me dismissed. Is it still possible to go serve the remaining 60 days I would have to serve out of the 93 days and be done with it instead of completing probation? I served 33 days before making bond.
3 ANSWERS
Michael J. Breczinski
Probably. Tell your probation officer.
Answered on Apr 16th, 2014 at 9:31 AM
Criminal Law Attorney serving Los Angeles, CA
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> Why 93? If you undid the probation deal, the court wouldn't be stuck with 93. Usually, a no probation offer is more jail time. If you mean do 93 days jail instead of some probation term like community labor, then you can certainly opt to do the jail. You'd still be on probation afterwards.
Answered on Apr 15th, 2014 at 12:46 PM
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Possibly - but the sentence might not be 90 days, it could be longer - the former deal is likely no longer available if this is a DV case, you would still have to complete DV classes, so probably not available to just do jail.
Answered on Apr 15th, 2014 at 11:42 AM