Denver, CO asked in Criminal Law for Colorado

Q: Is a stay of execution a good thing to ask when you're under revocation for a technicality

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2 Lawyer Answers
Sean Maye
Sean Maye
Answered
  • Criminal Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: Generally speaking, a "stay of execution" occurs when a judge issues an order that a person be required to do something specific (usually on or before a certain date), but that they will not issue a sanction for noncompliance with that order until a future date. Often times, this means that a judge will issue a "stay of execution" on an arrest warrant until someone appears in Court to resolve the issue first before a specific date. This means the warrant is drafted and issue but the person cannot be arrested on the warrant until on/after the stay of execution date.

You will need to speak with a lawyer in more detail to see if/when this applies to your situation. Unfortunately, your post is too vague to respond specifically.

Brian K. McHugh agrees with this answer

Brian K. McHugh
Brian K. McHugh
Answered
  • Criminal Law Lawyer
  • Littleton, CO
  • Licensed in Colorado

A: In addition to Attorney Maye's example, another example of a stay of execution is where a jail sentence is imposed on a defendant. The defendant requests and is granted a delay, to a specific date, when they are required to report to the jail to begin serving their sentence.

Note, my example would not apply where a person is sentenced to the Department of Corrections (DOC). In that situation, upon imposition of the prison sentence, the defendant becomes an inmate committed to the custody DOC, (even though they may be housed in the county jail until they are transported to a DOC facility).

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