Facing criminal charges in Greeley, Colorado, often leads individuals to consider whether a deferred sentence could offer a more favorable outcome. At McAdams Law Office, we frequently guide individuals through this process and explain how a deferred sentence could lead to dismissal under the right circumstances. In this article, we’ll break down what it means, how it works, and whether it might be a viable option for your case—and answer the key question: what is a deferred sentence in Colorado?
A deferred sentence in Colorado, as outlined under Colorado Revised Statutes §18-1.3-102, allows a court to defer the imposition of a punishment for a specified period of time if the defendant pleads guilty. During this period, the defendant must comply with conditions set by the court, which may include probation, community service, treatment programs, or other requirements tailored to the offense.
If the defendant meets all conditions, the court may withdraw the guilty plea and dismiss the charges, leaving no conviction on the defendant’s record. Typically, this period of supervision ranges from 6 months to 2 years. However, eligibility and conditions are subject to the court’s discretion and statutory limitations.
Deferred sentencing isn’t available to everyone. At our firm, we help clients determine if this option is available based on the nature of their case. Eligibility depends on the type of charge, the defendant’s criminal history, and the discretion of the court and prosecution.
You may be eligible if:
However, certain charges—like DUI or crimes involving weapons—may limit or exclude the possibility of a deferred sentence.
Choosing a deferred sentence comes with distinct advantages, primarily when guided by an experienced criminal defense attorney.
These benefits can majorly impact employment, housing, and education opportunities.
¨We’re not just a business in Weld County; we’re a part of the community. Living and working here, we’re dedicated to supporting the people of Greeley. Our office is right by the courthouse, deep in the heart of the local legal scene. With over 140 jury trials in 20 years, our experienced attorneys understand that everyone deserves respect and a strong defense, no matter the situation¨
One of the most valuable aspects of a deferred sentence is the chance to walk away without a criminal record. This legal route can provide a fresh start for individuals who made mistakes but are committed to positive change. Once your case is dismissed, you may be eligible to have your record sealed—helping further protect your future
Our Greeley criminal defense team works closely with individuals to help them qualify for deferred sentencing and meet every condition to protect their future, avoid a conviction, and pursue record sealing when eligible under Colorado law.
What Happens After Completing a Deferred Sentence?
If all terms are met, the case may be dismissed. Under Colorado law §24-72-703, you may be eligible to petition for sealing the records. Once you complete a deferred judgment, your original plea is withdrawn, and the case may be dismissed—giving you a real chance to move forward.
Not all cases qualify for sealing. An attorney can help you determine eligibility and guide you through the process.
Some offenses may restrict sealing or expungement, so it’s essential to work with a knowledgeable attorney to assess your case.
A deferred sentence can offer a second chance—but it also comes with strict expectations. The consequences can be severe if you violate any terms of your deferred sentence.
When a violation occurs, the court can:
Examples of violations include:
Because the original guilty plea remains on record during the deferral period, the court can move directly to sentencing without a new trial if the agreement is breached. That’s why we closely guide our clients through every step to help them remain compliant.
Exploring the possibility of a deferred sentence in Colorado can be an important step toward protecting your future. Our firm is here to help; at McAdams Law Office, we understand the nuances of the local court systems and how to present your case in the best possible light, especially when your future and reputation are on the line.
Call us at (970) 353-0003 to schedule a consultation and learn how we can advocate for your future.
| DUI/DWAI Victories | Criminal Defense Wins |
|---|---|
People v. S.M.Two DUIs downgraded to DWAI, |
People v. M.J.Assault and child abuse charges |
People v. S.D.DUI dismissed, pled to |
People v. S.C.Theft charge dropped, |
People v. B.S.Breath test challenged, |
People v. A.E.Drug charges dismissed, |
People v. E.B.No jail, favorable plea despite |
People v. J.K.Burglary plea reduced, |
People v. R.G.One DWAI dismissed, another reduced with minimal work release. |
People v. C.R.Traffic offense reduced, |
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.