The Colorado Supreme Court on Monday exempted people with a sex offense conviction from a key 2019 decision that prohibited defendants from being sentenced to prison followed by probation in the same criminal case.
People with a sex offense conviction in Colorado can face such punishment in some circumstances, the justices found in a pair of opinions that examined how the state’s sentencing laws for sex offenses drastically differ from sentencing for other crimes.
The 2019 ruling surprised many in Colorado’s legal system who had operated for years under the belief that it was fine to sentence defendants to prison followed by probation. The court’s decision that the practice was unlawful opened the door for hundreds of defendants to get out of prison or renegotiate their plea deals.
That type of sentencing was perhaps most often seen in cases involving sex offenses, and Monday’s pair of 5-2 decisions uphold the practice for defendants who are convicted of both a sex offense and another crime.
Its obvious that you had a different plea bargain? One wonders who is the author of confusion or should we ask Monty Hall in lets make a deal. Sure I pled guilty for going down to meet this made up teenager figure plus traveling down to said place. So who proved?
Mastero are you a stranger or a pilgrim? Do many fight for rights or against the sex registry itself, or who has the best spell checker, even the best rebuke of an issue. So were does a bit of religion or rightful judgement come into play.
Notice how judges want to justify their way in many spineless endeavors, maybe they listened to Bing Crosby too much, or did one ever remember the days of chain gangs or is one a Cool Hand luke type, or some slick willie in court issues. Sure some states are going to exempt and yes most all of these registry offenses should of just been a type of parking ticket violation or speeding ticket without much of this prison if thats the case in this hard ball crap of overthrowing.
Many of you all on here are going at this in the wrong way myself included. Adhering to others thoughts can at times upset one. Maybe the election upset someone also but even thoughts and comments are good or do many on here take a walk on the wild side of things or stumble in the night with a better other. Their is even a solution many involved can write articles in the newspapers about the registry in many circumstances.
In CT, and I assumed all states, that probation is when you get a suspended sentence. For example if you are sentenced like;
10 yrs suspended after 2 with 10 yrs probation. That’s going to prison for 2 yrs and have 8 more years hanging over your head should you violate probation. But the actual probation lasts for a full 10 yrs, not the 8 of the suspended sentence.
I think I’m confused as to how CO is doing their sentencings.
Maestro you are mistaken my sentence was 10 years in prison to be followed by 25 years probation
I’m not mistaken. Mine was 10 suspended after 2 with 10 yrs probation. There’s no “mistake” here, it’s obvious you had a different plea bargain.
Maestro:
The laws are different in different states. In Michigan you can’t get probation after prison unless you pick up a new case and get probation after prison. Parole is generally 2 years but they have lengthened a small number of paroles to 3 or 5 years over the last decade or so. Usually the longest probation is 5 years but I did run into a registrant a few years ago that agreed to 20 years probation in lieu of a prison sentence. I also ran into a registrant with lifetime supervised release on a federal case. I hope these long probation sentences in other states are outliers as they accomplish nothing other than interfering with an offender’s reintegration back into society.
Tim:
25 years of probation is absolutely asinine. Michigan used to have only 2 years parole but I have been seeing 3 years and occasionally 5 years these last few years. The feds have lifetime supervised release for some registrants. You must be allowed to reintegrate fully back into society after your release which probation and parole prevent you from doing. These laws are unconstitutional and must be challenged.
Most of what we perceive as unconstitutional has been upheld in court and become settled law.
A sad fact that makes further challenges an uphill battle.
Probation periods of 25 years or life are prescribed by Federal guidelines in some cases, and subject to the discretion of the sentencing judge.
I, too, think those periods are asanine. They’re poor public policy. But I doubt I’m in a position to persuade a Federal judge to rule that the sentencing guidelines are unconstitutional.
Tim, Sadly Enough, I know someone in FLORI-DUH, that got 5 year prison sentenced followed by 40 years of SO Probation…
The Dude was 17 yrs old had sex with a 16yr girlfriend and continued to do so after he turned 18 yrs old then had a fling with the then 17yr old GIrlfriend’s 16 yr old Sister…..
He had never been in trouble before; graduated number 7th in his high school class and was arrested later that evening!!!
This Gentleman is a Model Citizen. Thank goodness, His Father owns a very well known business that serves all LEO’s; thus this Gentleman is not really being fcked with yet…He has been out 5 years and counting!
40 Years SO Probation is outlandish; for consensual Sex!
Tim, one of my friends described this as “a life sentence on the installment plan.” He does have a wonderful ironic sense of humor.
Veritas.
To bad that ain’t floriduh since in most cases we have probation after prison
This ruling is bad. I can tell by who supports it and who opposes it.
I can’t tell what it does. Neither can the reporter?