Denver, CO asked in Criminal Law and Domestic Violence for Colorado

Q: What are the codes on probation extension and can it exceed the max sentence of the crime

1 Lawyer Answer
Douglas T. Cohen
Douglas T. Cohen
  • Criminal Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: Good day, The short answer is "it depends, more info is needed."

The longer answer: If this is a Colorado case, every felony and misdemeanor in Colorado has a different presumptive range of what you can be sentenced to. However, in general, the maximum years you can be sentenced to on a misdemeanor is five years. But on a felony, the maximum number of years of probation is within the court's discretion (unless it is a sex offense where a whole difference sentencing scheme is involved under the Lifetime Supervision Act, and where you can be on probation, therefore, for a range of years up to life.)

In addition, there is a difference between being sentenced and re-sentenced. If you are re-sentenced, the Court can pretty much sentence you to whatever the original sentencing range allows for in terms of probation, jail or prison. However, if you already have done prison time, for example, the court may have to give you credit for time served against the new sentence. But for probation, how long the court can re-sentence you really depends on the level of crime (felony or misdemeanor) and not so much on the original sentence.

I encourage you to seek further advice from an attorney online if you need to address an issue specific to your case.

Mr. H. Michael Steinberg agrees with this answer

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