CanI still get a lawyer ifI have already been sentenced?
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CanI still get a lawyer ifI have already been sentenced?
My deferred sentence was revoked and I can’t go to jail.
Asked on January 9, 2012 under Criminal Law, Colorado
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You mention that your "sentence was revoked," but you can't go to jail-- which indicates that just a motion has been filed at this point. If you were on a deferred probation and the state just filed a motion to revoke your probation, then "yes" you can request an attorney to represent you at a final hearing to revoke your probation. In fact, considering the possible options (i.e. going to jail), it is preferrable for you to obtain a lawyer or to request a court appointed attorney. If a motion to adjudicate your deferred sentence was filed and you have already been sentenced as a result of a final hearing based on that filing, then you can still request a lawyer, but your appeal options are more limited. The issue is no longer guilt or innocence, but rather the basis of the revocation and the basis of the sentence.
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