The primary distinction is that a felony carries a possible sentence to the Colorado Department of Corrections while a misdemeanor carries a potential sentence to county jail. Felonies range from Class 6 (least serious) to Class 1 (most serious). Similarly, misdemeanors range from Class 3 (least serious) to Class 1 (most serious). Depending on the charge, both misdemeanors and felonies can carry mandatory sentences.
What is a mandatory sentence?
If a crime carries a mandatory sentence that means that if convicted, an individual would be required by the court to serve a sentence with some form of incarceration. When dealing with felonies, a mandatory sentences means time in the Colorado Department of Corrections. A mandatory sentence on a misdemeanor means time in the county jail, but sometimes those sentences can be served on work-release depending on the charge. Simply being charged with a crime that carries a mandatory sentence does not mean that you are going to jail or prison. It is possible that a District Attorney will make a non-mandatory offer on serious cases.
What does it mean to be charged with driving under restraint?
Driving Under Restraint means that your privilege to drive has been suspended the Colorado. In order to reinstate your privilege, there are certain steps that you must go through with the DMV to get a valid Colorado driver’s license. At The Datz Law Firm, we can help you to navigate this difficult and sometimes frustrating process.
Do I personally have to appear for my court date if I live out-of-state?
That answer depends on the charge and the county in which you are charged. In some counties, hiring an attorney is sufficient to satisfy your appearance. In other counties, your appearance is required.