QUESTION
Served full probation period with no police contact or anything yet still not off probation?
Asked on Jan 22nd, 2020 on Domestic Violence - Colorado
More details to this question:
Sentenced to 18 months for a domestic charge, probation date for end is January 18 2020, I spoke to my p.o on 5th of January and he said he was filing the dismissal papers, yet here it is the 22nd of january and still haven’t heard anything from them, this was my first charge ever and it was a plea deal for to be off my record if I completed probation, I completed all my classes and had no issues, however reaching out to my p.o is impossible as he never answers the phone and takes weeks to get back to you. So that being said I’m wondering if this is illegal or law suitable, I own an oil company and being on probation isn’t something friendly on my record! P.o sent dismissal papers on the 5th yet I still haven’t heard about the judge signing off or whatever happens. And no no police contact or any trouble
1 ANSWER
Criminal Defense Attorney serving Boulder, CO
at
Miller & Harrison, LLC
Update Your Profile
It sounds like you were on a deferred sentence. If so, the prosecutor has 35 days after the end of the deferred sentence to investigate and see if there were any violations of the deferred conditions within the deferred time period. The paperwork you signed to accept the deferred sentence will explain this. So take the end of the deferred date (January 18) add 35 days and after that if the DA has not filed a motion to withdraw the plea and dismiss the charges, contact the court clerk to see if they have a procedure for the dismissal to occur administratively. (The probation officer just notifies the prosecutor whether he thought there were any violations - it is up to the prosecutor to file the motion to dismiss - so continuing to contact your probation officer will get you no where).
Answered on Jan 23rd, 2020 at 6:11 AM