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Does the Judge or the DA revoke my DJ?

Denver, CO |

I picked up a new charge for DUI/ alcohol or drugs. I am supposed to remain law abiding on my DJ. My DJ was for Felony Trespassing. I finished all my classes paid all of my fines and the PO was very pleased with my progress (PO terminated supervision early). Never missed a meeting or failed a drug test. I was almost done with the two year deferred. Continued employment and have been invited to the NHS for College because of my grades. I know they can revoke my DJ; but is it possible to have it extended with additional conditions? For example another two years? Community service, more classes, drug testing, outpatient treatment?

Attorney Answers 2

Posted

Yes, it is possible to have a DJ extended rather than revoked in this sort of situation, but it would not be the normal course of events. What is likely to happen depends so greatly on your underlying felony case, the facts of your DUI, the specifics of your progress on probation, and your DA in district and county court.
If you win on your DUI case, the petition to revoke your DJ would be dismissed (unless there were other grounds).
What you really must do, is get an attorney who is comfortable and capable of handling your district court revocation of the deferred and who is also a DUI attorney. This gives you the best chance of getting an offer that saves your DJ but then also provides you with the ability to go to trial to take your best shot at winning the DUI if you don't get a safe offer. A felony on someone's record can ruin their lives depending on their goals, education, etc. Get the best lawyer you can afford and see what you can do.
If you cannot afford to hire an attorney, apply for a public defender and make sure your county court PD talks to your District Court PD and fully explain the situation to both.
There are a lot of good DUI attorneys on Avvo, look through them and contact as many as you want and hire the one you can afford and is the best fit for you.
Good luck and feel free to contact me if you have any questions or need any clarification.

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2 comments

Asker

Posted

What if I was given a deferred on the DUI? Or is that not a possibility? There is no evidence other than a roadside test.

Nicholas Lubchenco

Nicholas Lubchenco

Posted

Most counties have a blanket policy to not ever give deferreds on DUIs because they want increased penalties for repeat offenders. It is theoretically a possibility but very unlikely. I think the ideal situation for you would be a plea that had an agreement to not revoke your DJ as part of DUI deal. As to evidence, it's hard to comment without seeing discovery. Typically there is more evidence available than a non lawyer might anticipate. Make sure your lawyer knows how to attack the roadside tests. Certification in them is a bonus. Not required to do a good job but is usually a sign the attorney takes DUIs seriously as part of their practice. Also, if you refused to do a blood or breath test, that refusal can be used as evidence of your intoxication. Your attorney will need to craft a good reason why you refused other intoxication at trial. Bottom line is get a DUI attorney who can also handle the revo portion. Until I or another attorney review discovery it's going to be hard to be too specific.

Posted

The DA files the motion to revoke your deferred judgment and sentence and chooses what consequences they want. Normally they want your DJS to be revoked and reported as a conviction at a minimum. However, the judge has final say and frequently can reject a deal that calls for the deferred to not be revoked and simply extended. In fact, I saw that just today in Denver County Court. So, both the DA and the Judge will have to agree to extend your deferred judgment and sentence, which is VERY unlikely. Many states do not even have a deferred judgment and sentence possibility (UT comes to mind) and it is an EXTREME privilege viewed by both judges and DAs (I served in both capacities for 7 years each). So, I would seriously hold out hopes of avoiding it from being revoked. The chances are slim to none. However, you DO need an attorney, as both the DA and the Judge will be pissed that you picked up a DUI while on a deferred.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

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3 comments

Asker

Posted

So, the more likely scenario is that I will have a felony conviction on my record?

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

Unfortunately, yes. I agree with my learned colleague about getting the best attorney possible.

Nicholas Lubchenco

Nicholas Lubchenco

Posted

Yes, that is the most likely scenario but with a good attorney you might have a shot at saving your DJ.

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