DOCSLIB.ORG

The Consequences of Conviction Sanctions Beyond the Sentence Under Colorado Law 2019 Edition

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Consequences of Conviction Sanctions Beyond the Sentence Under Colorado Law 2019 Edition The Consequences of Conviction Sanctions Beyond the Sentence Under Colorado Law 2019 Edition Mark David Evans Lead Deputy State Public Defender Disclaimer This publication is for informational purposes only and does not constitute legal advice. An error or omission in this publication does not give rise to a claim of ineffective assistance of counsel, or to a claim for a disciplinary proceeding against either the Colorado State Public Defender or any employee of the Colorado State Public Defender. The laws of the federal government, other jurisdictions, and other political subdivisions of this state may impose additional sanctions and disqualifications that are not listed in this publication. This publication was finalized in November 2019. Subsequent changes to the law are not included. Acknowledgements Many thanks to Laurie Rose Kepros, Marnie Adams, Dayna Vise, Kimberly Dickey, and Stephanie Robertson for their input and insight on previous editions, and to Leslie Pesch, Alicia Thomas, Dana Lindenberg, Heidi Milliken, Kat Pritchard, and Rebecca Zaltman for their editorial support of this update. The Consequences of Conviction Sanctions Beyond the Sentence Under Colorado Law 1. Introduction .............................................................................................................................................. 1 The True Consequences of a Criminal Conviction ..................................................................................... 1 Five Critical Questions for Assessing Consequences ................................................................................. 1 1. How are you employed? ............................................................................................................. 2 2. Do you receive any public benefits? .......................................................................................... 2 3. What is your family situation? ................................................................................................... 2 4. Do you own, or will you want to own, any firearms? ............................................................... 2 5. Are you a United States citizen? ................................................................................................ 2 Collateral Consequences Defined Under State Law ................................................................................... 2 The Impact of Federal Law ........................................................................................................................ 3 Limitations of this Publication ................................................................................................................... 3 2. Why Criminal Records Matter ............................................................................................................... 5 Widespread Availability of Criminal History ............................................................................................. 5 Limited Sealing of Criminal Records ......................................................................................................... 5 Limited Expunging Opportunities .............................................................................................................. 8 Relief from Collateral Consequences ......................................................................................................... 9 3. Employment .............................................................................................................................................11 Critical Employment Areas .......................................................................................................................11 1. Government Licenses, Certificates, Registrations, and Contracts ...............................................11 2. Vulnerable People and Positions of Trust ....................................................................................11 Guilty Pleas, Nolo Contendere, Deferred Judgment, and Diversion .........................................................11 Defining Crimes of Moral Turpitude .........................................................................................................11 The Effect of Out-of-State and Federal Convictions .................................................................................12 The Effect of Internal Regulations and Policies ........................................................................................12 The Effect of Federal Law .........................................................................................................................12 Governmental Restrictions Based on Criminal Record .............................................................................13 Private Restrictions Based on Criminal Record ........................................................................................14 4. Public Benefits Programs ........................................................................................................................16 Public Housing ..........................................................................................................................................16 Food Stamps ..............................................................................................................................................17 Federal Student Loan Eligibility ................................................................................................................18 Worker’s Compensation Benefits ..............................................................................................................18 Unemployment Benefits ............................................................................................................................19 Colorado Works Program / TANF ............................................................................................................19 Veterans Benefits.......................................................................................................................................19 Medical Assistance ....................................................................................................................................20 Social Security ...........................................................................................................................................20 5. Family Concerns ......................................................................................................................................21 Parenting Time and Decision Making Following Divorce or Separation ..................................................21 Custody of Children and the Parent-Child Relationship............................................................................22 Emergency and Kinship Placement of Children ........................................................................................23 Name Changes ...........................................................................................................................................23 Adoption and Foster Care ..........................................................................................................................24 Guardian or Conservator Appointment .....................................................................................................24 Inheritance .................................................................................................................................................24 6. Firearms ...................................................................................................................................................25 Restrictions Under Colorado Law .............................................................................................................25 Restrictions Under Federal Law ................................................................................................................26 7. Citizenship and Immigration ..................................................................................................................27 Consequences of Conviction for Non-Citizens .........................................................................................27 Inadmissibility ...........................................................................................................................................27 i Deportability ..............................................................................................................................................28 Inability to Obtain Citizenship ..................................................................................................................29 Mandatory Detention .................................................................................................................................29 8. Other Civil Rights and Privileges ...........................................................................................................30 Driving.......................................................................................................................................................30 Elementary and Secondary School Attendance .........................................................................................31 University or College Attendance .............................................................................................................32 Voting ........................................................................................................................................................32
Load more

Recommended publications
  • Mandatory Guilty Plea Form
    IN THE IOWA DISTRICT COURT FOR _____________________ COUNTY ) STATE OF IOWA, ) ) PLAINTIFF, ) CASE NO. ____________________________ ) VS. ) ) WRITTEN GUILTY PLEA AND ___________________________ ) WAIVER OF RIGHTS ) DEFENDANT. ) ) COMES NOW, the Defendant, and states to the Court: 1. I know I have the right to a lawyer and that if I cannot afford to pay a lawyer one will be appointed for me at public expense to represent me at all stages of this criminal case. I am represented by _____________________, who is authorized by me to appear on my behalf for ☐ guilty plea only ☐ guilty plea and sentencing. My attorney has told me that he/she/they are willing to defend me at trial if I desire a trial. I am satisfied with the services of my attorney. Initials _________ 2. I have been advised of my CONSTITUTIONAL and STATUTORY RIGHTS. I have received and read a copy of the Trial Information and Minutes of Testimony. I believe that my attorney is fully informed as to all such matters. My attorney has informed me, counseled me, and advised me at length as to the nature of each accusation against me as set forth in the Trial Information, the elements that the State would be required to prove against me for each charge, and any possible defenses I might have in this case. I agree that the Minutes of Testimony relating to the elements of each charge to which I am entering a guilty plea are substantially true and correct, or I agree that I could be found guilty by a jury at trial of each charge to which I am entering a guilty plea if witnesses testified as set forth in the Minutes of Testimony.
    [Show full text]
  • Iff and Appellee
    07/06/2021 DA 19-0411 Case Number: DA 19-0411 IN THE SUPREME COURT OF THE STATE OF MONTANA 2021 MT 162 STATE OF MONTANA, Plaintiff and Appellee, v. TERENCE JAMES THIBEAULT, Defendant and Appellant. APPEAL FROM: District Court of the Thirteenth Judicial District, In and For the County of Yellowstone, Cause No. DC 19-0297 Honorable Gregory R. Todd, Presiding Judge COUNSEL OF RECORD: For Appellant: Shannon Sweeney, Attorney at Law, Anaconda, Montana For Appellee: Austin Knudsen, Montana Attorney General, Bree Gee, Assistant Attorney General, Helena, Montana Scott D. Twito, Yellowstone County Attorney, Ed Zink, Deputy Chief County Attorney, Billings, Montana Submitted on Briefs: March 17, 2021 Decided: July 6, 2021 Filed: __________________________________________cir-641.—if Clerk Justice Dirk Sandefur delivered the Opinion of the Court. ¶1 Terence J. Thibeault appeals the May 2019 judgment of the Thirteenth Judicial District Court, Yellowstone County, affirming his January 2019 judgment of conviction in Yellowstone County Justice Court on the offense of criminal possession of drug paraphernalia, a misdemeanor in violation of § 45-10-103, MCA. We address the following restated issue: Whether the Justice Court illegally imposed a 10-day jail term as a condition of a deferred imposition of sentence? We affirm. PROCEDURAL AND FACTUAL BACKGROUND ¶2 In the late evening of July 14, 2018, a Montana Highway Patrol Trooper responded to a reckless driving report on Interstate-90 near the Interstate-94 interchange in the City of Billings, Montana. The citizen report included a vehicle description, license plate number, and reported that the driver was speeding, nearly lost control, and had used the authorized-vehicles-only turnaround.
    [Show full text]
  • Quality of the Administrative Office of the Courts' Disposition And
    New Mexico Statistical Analysis Center Quality of the Administrative Office of the Courts’ Disposition and Sentencing Data Prepared by: Kristine Denman Callie Dorsey Formatting and editing support: Ashleigh Maus Graham White Research support: Mariah Simplicio Joel Robinson Vaughn Fortier Shultz Drew Medaris Elizabeth Sabbath Jenna Dole February 2020 This project was supported by Grant # 2017-BJ-CX-K018 from the State Justice Statistics program. The State Justice Statistics program is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice. Acknowledgements We would like to thank the Administrative Office of the Courts for their willingness to provide these data to us and for their participation in this project. We would also like to thank the New Mexico Sentencing Commission (NMSC) who stores copies of the data used in this report, and provided the data directly to us. Both Linda Freeman, Executive Director for the NMSC, and Dr. Noah Painter-Davis provided valuable comments as we drafted this report. We appreciate their feedback. Finally, we would like to thank the Bureau of Justice Statistics for providing the funding for this study through their State Justice Statistics Program. i Executive Summary Introduction The Administrative Office of the Courts (AOC) is the principal source for criminal case disposition and sentencing information in New Mexico.
    [Show full text]
  • 2009-024, STATE of NEW HAMPSHIRE V. ELIZABETH FLOOD
    NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: [email protected]. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Hillsborough-northern judicial district No. 2009-024 THE STATE OF NEW HAMPSHIRE v. ELIZABETH FLOOD Argued: September 23, 2009 Opinion Issued: October 30, 2009 Kelly A. Ayotte, attorney general (Nicholas Cort, assistant attorney general, on the brief and orally), for the State. David M. Rothstein, deputy chief appellate defender, of Concord, on the brief and orally, for the defendant. HICKS, J. The defendant, Elizabeth Flood, appeals a ruling of the Superior Court (Abramson, J.) denying her motion to continue a hearing to impose a suspended sentence until after the disposition of collateral criminal proceedings. We affirm. The record supports the following. In May 2007, the defendant pled guilty to the misdemeanor of operating after suspension, RSA 263:64 (Supp. 2007) (amended 2008). The trial court sentenced the defendant to ninety days in the house of corrections, deferred for one year conditioned upon her good behavior.
    [Show full text]
  • 1 Deferred Sentence Agreement and Order Staying Proceedings in the Municipal Court of the City of Gladstone County of Clackam
    IN THE MUNICIPAL COURT OF THE CITY OF GLADSTONE COUNTY OF CLACKAMAS, STATE OF OREGON STATE OF OREGON, ) ) NO. _______________________ ) VS. ) DEFERRED SENTENCING AGREEMENT AND ) ORDER STAYING PROCEEDINGS DEFENDANT, ) ) ) The parties agree as follows: 1. Defendant’s full true name is ______________________________________. And his/her date of birth is______________________. 2. Defendant hereby waives any constitutional or statutory right or claim to a speedy trial of this matter, notwithstanding whether the stay has or will occasion any prejudice to him/her. 3. Defendant agrees to plead guilty to the charge(s) of ___________________________ ____________________________________________. 4. Defendant understands that by pleading guilty he/she is giving up his/her following constitutional rights: (a) the right to a speedy and public trial by jury; this jury would consist of six (6) persons who would have to be convinced beyond a reasonable doubt before I can be convicted of the offense(s); (b) the right to see, hear, cross examine and face in open Court all witnesses called to testify against me; (c) the right to use the power and process of the Court to compel the production of any evidence, including the attendance of witnesses in my favor; (d) the right to have assistance of a lawyer at all stages of the proceedings; (e) the right to take the witness stand at my sole option. I cannot be forced to testify against myself and if I do not take the witness stand, I understand the jury will be told that this may not be held against me or will be told nothing, at my option.
    [Show full text]
  • Courtroom Terminology.Pdf
    Courtroom Terminology A Accused: formally charged but not yet tried for committing a crime; the person who has been charged may also be called the defendant. Acquittal: a judgment of court, based on the decision of either a jury or a judge, that a person accused is not guilty of the crime for which he has been tried. ADA: Assistant district attorney. An assistant district attorney works for the elected District Attorney. An ADA will review and prosecute cases as assigned. ADA's meet with law enforcement, witnesses, and victims. They generally have authority to dispose of those cases assigned to them. Adjournment: putting off or postponing business or a session of court until another time or place. Adjudication: the judicial decision that ends a criminal proceeding by a judgment of acquittal, conviction, or dismissal of the case. Affidavit: a written statement that the writer swears is true. Aggravating factors: factors that make a crime worse than most similar crimes. Aggravating factors are often defined by law and include such things as: victim very old, gang related, done for hire, especially cruel, defendant does not support his family, or took advantage of a position of trust. Aggravated range: When a person is sentenced, this indicates a sentence that is more severe than the “presumed” sentence for a given crime. A defendant may receive more time if the judge finds aggravating factors. If no aggravating factors are found, the sentence will come from either the “presumptive” or “mitigated” range. Alleged: said to be true, but not yet proven to be true; until the trial is over, the crime may be called the “alleged crime.” Appeal: a request by either the defense or the prosecution that a higher court review the results of a decision on certain motions or in a completed trial.
    [Show full text]
  • Sex Offenses and the Statutory Consequences
    Sex Offenses and the Statutory Consequences March 2014 Terri S. Morrison, First Assistant Legal Counsel, Colorado Judicial Department This document was prepared by Terri Morrison, First Assistant Legal Counsel for the Colorado Judicial Department and it is intended to demonstrate the numerous combinations that are created by the consequences of a plea or finding of guilty to each sex offense. It is not intended to be legal advice or exhaustive of all issues pertaining to sex offenders in Colorado. The following categories are used to demonstrate the combinations: Sex Offender Registration Requirements; Lifetime/Indeterminate sentences to DOC or Probation—For offenses occurring on or after November 1, 1998; Sex Offender Intensive Supervision Probation (SOISP) as part of a Probation sentence; and Sexually Violent Predator (SVP) assessment and findings. The chart does not cover all sentencing outcomes that may be controlled by factors such as: A defendant’s non-eligibility for probation based on prior criminal offense (§18-1.3-201); Effects of defendant’s criminal history on sentencing; Crimes of Violence (COV) (unless the offense cross-references to the COV statute); Charges of Habitual Offender or Habitual Sex Offender against Children NOTE: All SOISP eligible offenders are not subject to lifetime/indeterminate but all persons who are subject to a lifetime/indeterminate sentence are subject to SOISP if sentenced to probation. The chart and the summary after have been modified to reflect changes made by: SB 06-22, adding attempts,
    [Show full text]
  • Deferred Adjudication As a Way of Avoiding Collateral Consequences
    Alternatives to Conviction: Deferred Adjudication as a Way of Avoiding Collateral Consequences Federal judges have a limited repertoire of responses to Federal courts presently have authority to defer adjudica- people who appear before them for sentencing, even when tion and expunge the record only in one narrow category of MARGARET the offense is relatively minor. If a person is guilty, judg- cases.2 This article proposes that the Sentencing Commis- COLGATE ment must be entered and sentence imposed, and a sion consider recommending expansion of this authority to LOVE* permanent conviction record will result. Short of complete impose what it terms a rehabilitative sentence (see USSG § exoneration or a presidential pardon, the convicted person 4A1.2, cmt. N. 9), to broaden the government’s arsenal of can look forward to a lifetime of disabling collateral conse- responses to criminal behavior, and to give federal defendants quences. Internet technology and pervasive background in appropriate cases a chance to start over with a clean slate. checking have made it nearly impossible for someone with a federal conviction to escape their past. I. How Deferred Adjudication Works State court judges, on the other hand, often have Deferred adjudication is a close relative of diversion, but available creative sentencing alternatives that can avoid because it is leveraged by an upfront guilty plea, it is use- or neutralize the effect of a criminal record. One such ful in a wider range of cases. In the typical deferred alternative is deferred adjudication, known in some adjudication scenario, the court accepts the defendant’s states as deferred sentencing or “probation before judg- guilty plea but withholds judgment, subject to the defen- ment.” Successful participants in deferred adjudication dant’s satisfactory completion of a period of probation programs see the charges against them dismissed and with conditions.
    [Show full text]
  • Unofficial Draft Copy As Of: September 9, 2016 (9:40AM) Lcj011
    Unofficial Draft Copy As of: September 9, 2016 (9:40AM) LCj011 **** Bill No. **** Introduced By ************* By Request of the ********* A Bill for an Act entitled: "An Act revising laws related to supervision of probationers and of defendants serving a deferred or suspended sentence; revising the process to revoke a deferred or suspended sentence for violations of conditions; defining terms; allowing a probation and parole officer to file a petition to terminate the time remaining on a deferred or suspended sentence; creating a deadline after which the deferred or suspended sentence is terminated; creating a schedule for conditional discharge recommendations for probationers; amending sections 46-18-203, 46-18-208, and 46-23-1011, MCA." Be it enacted by the Legislature of the State of Montana: Section 1. Section 46-18-203 , MCA, is amended to read: "46-18-203. Revocation of suspended or deferred sentence. (1) Upon the filing of a petition for revocation showing probable cause that the offender has violated any condition of a sentence, any condition of a deferred imposition of sentence, or any condition of supervision after release from imprisonment imposed pursuant to 45-5-503(4), 45-5-507(5), 45-5-601(3), 45-5-602(3), 45-5-603(2)(b), or 45-5-625(4), the judge may issue an order for a hearing on revocation. The order must require the offender to appear at a 1 LC j011 Unofficial Draft Copy As of: September 9, 2016 (9:40AM) LCj011 specified time and place for the hearing and be served by delivering a copy of the petition and order to the offender personally.
    [Show full text]
  • November 6, 2015
    Appellate Case: 13-6025 Document: 01019519460 Date Filed: 11/06/2015 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit TENTH CIRCUIT November 6, 2015 Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff-Appellee/ Cross-Appellant, Nos. 13-6025 and 13-6052 v. (D.C. No. 5:11-CR-00108-C-1) (W.D. Okla.) MICHAEL STEVEN MORGAN, Defendant-Appellant/ Cross-Appellee. ORDER AND JUDGMENT* Before HARTZ, O’BRIEN, and HOLMES, Circuit Judges. Michael Steven Morgan, an attorney and politician, appeals from a bribery conviction. See 18 U.S.C. § 666. As he would have it, the evidence was insufficient to convict and the jury was not properly instructed on specific intent. Not only that, but he should have a new trial because the government failed to disclose tacit agreements with a * This order and judgment is an unpublished decision, not binding precedent. 10th Cir. R. 32.1(A). Citation to unpublished decisions is not prohibited. Fed. R. App. 32.1. It is appropriate as it relates to law of the case, issue preclusion and claim preclusion. Unpublished decisions may also be cited for their persuasive value. 10th Cir. R. 32.1(A). Citation to an order and judgment must be accompanied by an appropriate parenthetical notation B (unpublished). Id. Appellate Case: 13-6025 Document: 01019519460 Date Filed: 11/06/2015 Page: 2 witness. The government’s cross-appeal claims Morgan’s sentence (no incarceration; only probation) is substantively unreasonable given the nature of his crime. We affirm the conviction but reverse and remand for resentencing.
    [Show full text]
  • Professional Letter
    FILED SUPREME COURT STATE OF WASHINGTON 7t3012021 4:28 PM BY ERIN L. LENNON CLERK No. 995923 IN THE SUPREME COURT OF THE STATE OF WASHINGTON STATE OF WASHINGTON, Respondent, v. JEFFREY DAVID CONAWAY, Appellant. ON APPEAL FROM THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR ISLAND COUNTY The Honorable Alan R. Hancock, Judge Superior Court Cause No. 16-1-00155-7 RESPONDENT’S ANSWER TO PETITION FOR REVIEW GREGORY M. BANKS ISLAND COUNTY PROSECUTING ATTORNEY WSBA # 22926 Law & Justice Center P.O. Box 5000 Coupeville, WA 98239 (360) 679-7363 By: MICHAEL W. SAFSTROM DEPUTY PROSECUTING ATTORNEY WSBA #46425 Attorney for Respondent TABLE OF CONTENTS I. INTRODUCTION ................................................................................1 II. RESTATEMENT OF ISSUES .............................................................1 A. Whether review is needed to conduct successive, inconsistent interpretations of the same statutory language. ..........................1 B. Whether a defendant who has had a sentence deferred after conviction “has previously been convicted” as this Court held in Schimmelpfennig. ..................................................................1 C. Whether the Court of Appeals erred by citing the statutory definition of the term “Conviction” at RCW 9.94A.030(9).......1 D. Whether the Court of Appeals applied the standard of review advanced by both parties and articulated in its decision. ...........1 III. STATEMENT OF THE CASE ............................................................2 IV. ARGUMENT .......................................................................................3
    [Show full text]
  • Life Or Death for Child Homicide Updated April 2011
    Life or Death for Child Homicide Updated April 2011 These are statutes that consider young age of a victim as a sole factor in determining whether a murderer should or must be sentenced as life imprisonment or death penalty. This compilation only includes statutes allowing for aggravated factors for death of a child and does not include statutes requiring a finding of child abuse. Jurisdictions that do not elevate the sentencing range to either life or death for the murder of children are left blank. Alabama...............................................................................................................................4 ALA. CODE §13A-5-40 (2010). Capital Offenses. ..........................................................4 ALA. CODE § 13A-5-45 (2010). Sentence hearing -- Delay; statements and arguments; admissibility of evidence; burden of proof; mitigating and aggravating circumstances.6 Alaska ..................................................................................................................................7 Arizona ................................................................................................................................7 ARIZ. REV. STAT. § 13-751 (2011). Sentence of death or life imprisonment; aggravating and mitigating circumstances; definition.....................................................7 Arkansas ............................................................................................................................11 ARK. CODE ANN. § 5-4-603 (2010). Death sentences,
    [Show full text]