CanI still get a lawyer ifI have already been sentenced?

UPDATED: Jan 9, 2012

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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My deferred sentence was revoked and I can’t go to jail.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


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 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You mention that your "sentence was revoked," but you can't go to jail-- which indicates that just a motion has been filed at this point.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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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