i was convicted of contributing to the delinquency of a minor and they added a sexual factual basis. My plea bargain with the DA said Probation could let me unregister at anytime they feel they think i am trustworthy. I talked to my PO and she tried to get me off of it by talking to the DA. the DA stated i cannot since it is based on what i was charged with not what i was conviced of. I looked through my initial paperwork and of course there is nothing stating when i am allowed to unregister. Since i have not been convicted of a sex crime i am baffled (so is my PO) on why i still have to register. Can i take this to court or will the courts still lot even accept it until 10 years after my probation?
Divorce / Separation Lawyer
Colorado has some of the most stringent sex offender laws in the country. I will spare you details but I will tell you that mistakes are often made in sentencing paperwork and procedures. Your PO has different obligations than a court or the police or even a DA. Probation is considered a "privilege" and even non-sex offenders can be compelled to undergo sex offender treatment. As far as a requirement to register as a sex offender for a non-sex offense? That sounds like a huge mistake. Each case is different and each jurisdiction is different. You need an attorney who can get to the bottom of this. Best of luck and please let me know if I can help further.
A plea agreement in CO is a contract and there must be a meeting of the minds between the DA and the defendant. While the DA and the Court not need to advise the defendant of all of the collateral consequences of a plea, such as license suspension with DMV or possible deportation if an illegal alien, the DA and the Court do need to advise you of the accurate facts. Contact your original attorney on this and see if he or she can pursue a Motion for Reconsideration based on the misrepresentation and the confusion. It would not hurt to try. I can not guarantee that it would be successful though. Best of luck
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Criminal Defense Attorney
First and foremost, it is not up to your probation officer to determine when you can stop registering. There are statutes that require procedures to de-register. The DA is correct, it is the underlying facts that determine whether you register or not and whether the DA has waived that factual basis. Go back to your attorney and see what records they have as to your conviction.