Sentences for most Misdemeanor crimes can only be served in the Weld County Jail, and if you are convicted of a Felony, you must serve your time in the Colorado Department of Corrections. Now these are the general rules – but there are some big exceptions for sentencing. Read below and get smart on what your Greeley defense lawyer knows, and what you should understand about a prison or jail sentence. Our criminal defense lawyers know the inside scoop and will explain that to you – so read on!
What is the Colorado Department of Corrections and Who in the Weld County Court Gets Sentenced There?
Persons charged with criminal cases in Weld County, Colorado, courts will be sentenced to the Colorado Department of Corrections, or DOC, when convicted of a felony. The exception would be if you get probation for a felony, get a Community Corrections sentence, or if you get felony probation plus a conviction for a misdemeanor. A fourth option would be a felony conviction with probation, and up to 90 days of County Jail as a condition of probation. With any misdemeanor conviction, you can agree to a Weld County Jail sentence along with probation for a felony. Plea bargaining can result in many complex pleas to different crimes, and different sentence types, provided you are happy and get the best sentence which allows you to continue your life.
What is the Weld County Jail in Weld County, and Who gets Sentenced There in Greeley?
Misdemeanor crimes are those where you can’t get sentenced to prison, also called DOC, but you can get sentenced to the Weld County Jail for a stay. The Weld County Jail is located in north Greeley, Colorado. For misdemeanor crimes, you can serve up to 364 days in jail, or with a probation sentence, you can get jail up to 60 days as a condition of probation. Straight probation, with no jail, is also possible. Finally, a Work Release sentence is another option. A lot has to do with the terms of a plea agreement reached between your lawyer and the District Attorney. Your defense lawyer has handled thousands of criminal cases and heard pleas in thousands more. Only an experienced defense attorney can fashion a creative plea which guards your future.
What is a Plea Bargain in Weld County Court? Plea Bargaining Your Greeley Criminal Case
Weld County Courts allow a procedure called Plea Bargaining, between defense lawyers and the district attorney. This occurs because there are simply too many criminal cases filed for the government to take each of them to trial. They system would simply collapse. Imagine the number of cases a Weld County, County Court judge (misdemeanor cases judges) normally has open: 800 – 1000 cases would not be unusual. In a year, the total number passing through a court likely exceeds 5000 cases. Two Deputy District Attorneys may split that number. There are simply not enough days in a week or year for all of these to have a trial. So, the system encourages plea bargaining. If a DA becomes proud and gives poor quality plea offers, defendants will start demanding a jury trial and the system starts to slow. With Speedy Trial Rules, DAs are forced to plea bargain.
What is Speedy Trial in Weld County Courts? Six Months is the Rule, C.R.S. 18-1-405
Speedy trial is how long the District Attorney has to take you to trial. That figure is 6 months, and the 6 months for Speedy trial begins when the defendant enters his or her “not guilty” plea. CRS, 18-1-405. If you are not taken to trial in the 6 months, your case should be dismissed, unless you have waived “speedy” and had your speedy trial period reset. Only in the most unusual cases, can a judge conduct your trial outside the 6 month Speedy Trial period.