Guilty Sex Offender Pleas with Colorado’s Rule 11 Advisement

Every person that has been charged with a crime would like their case dismissed. The reality is that the government would not make any money if they dismissed your case. Oftentimes, taking a plea of guilty in a sex offense case is the best move you can make for your future. Mr. Bresee is always willing to zealously defend his clients in a trial; however, trials are often run by emotion and not by facts. Some jurors will hear that you have been charged with a sex offense and have a hard time returning any verdict other than guilty. This can often be hard for our clients to understand.

Why Plead Guilty?

Imagine you were charged with a sex offense. Many sexual offense cases carry the potential of a life sentence if convicted. I have had many cases where I have been able to negotiate probation with the potential for deregistration in these cases. Would you risk life in prison if you had the option to never spend a night in jail? Some clients choose to go to trial, and some choose to plea. It is my job to give you as many options as I can.

Clients often think that one piece of evidence is going to save them from a life sentence in prison. However, it is only halfway through the trial that they understand this one card they thought held the key to their freedom did not have the intended impact. The decision to go to trial is ultimately up to the client.

Mr. Bresee can give you his opinion and advice, but it is your life and the decision is up to you. In certain cases, Mr. Bresee will advise taking a plea. This advice stems from 25 + years of trial experience on both the prosecution’s side as well as the defense side.

In the event that you do take a guilty plea, there is something called a Rule 11 Advisement that helps you understand your rights. A Rule 11 Advisement is an advisement of your rights and your requirements upon taking a guilty plea. This is to ensure you know what you are pleading guilty to, that you understand the requirements of your guilty plea, and that your plea is voluntary and willful. Below we will discuss what a Rule 11 Advisement looks like.

Example of Rule 11 Advisement

1. I understand that pursuant to CRS 16-11.7-102 through 105, upon a plea of guilty to or the receipt of a deferred judgment and sentence for any charges brought pursuant to (all possible sex offenses in the state of Colorado,  or any criminal attempt, conspiracy, or sonication to commit any of the foregoing sex offenses: or upon a plea of guilty to or the receipt of a deferred judgment and sentence for ANY criminal charge AND I have previously been convicted of any of the foregoing sexual offenses; OR any other offense having an underlying unlawful sexual behavior factual basis, I am agreeing to and will be required to do:
   1. Undergo a mental health sex offense-specific evaluation which conforms with the standards developed by the Colorado Sex Offender Management Board;
   2. Submit to a structured clinical and sexual history interview and offense-specific psychological testing as part of the mental health sex offense-specific evaluation.
   3. Submit to physiological testing or some other means of measuring deception and or deviant sexual arousal as part of the mental health sex offense-specific evaluation.
      1. This can mean a plethysmograph- An instrument for measuring changes in volume within an organ or whole body- the organ usually being the penis.
   4. Pay for the expense of the evaluation based upon my ability to pay for such evaluation.
      1. This can amount to hundreds of dollars a year.
2. I understand that other conditions may be imposed by the evaluator or by probation, if necessary. I further understand the if I fail to undergo the evaluation procedures required by the probation department and the Colorado Sex Offender Management Board standards, I may not be considered for a probation or community corrections sentence. I understand that if I am granted probation or community corrections, conditions of supervision will be imposed by the supervising agency. Among the conditions of supervision I am agreeing to, and will be required to perform are;
   1. Successfully complete sex offense-specific treatment which conforms with the standards developed by the Colorado Sex Offender Management Board;
   2. Waive the confidentiality of sex offender treatment;
   3. participation in polygraph examinations and, if indicated, plethysmographic testing (see above explanation);
   4. Submit to supervision and behavioral monitoring by an interagency community supervision team;
      1. This can often mean living halfway house with other sex offenders in order to be fully supervised.
   5. Comply with special conditions of community supervision, including no contact with the victims, and restrictions from high-risk situations, and restrictions on access to potential victims. Other conditions may be imposed by the supervising agency if deemed necessary;
   6. Submit to and pay a chemical test of my blood to determine genetic markers.
3. I understand that upon conviction of an unlawful sexual behavior pursuant to the legislator of Colorado; OR any criminal attempt, conspiracy or solicitation of any of the foregoing sexual offenses, or any deferred judgment and sentence for any of the foregoing sexual offenses; OR any other offense having an underlying unlawful sexual behavior factual basis, I will be required to register as a sex offender, according to the legislator of Colorado, with the local law enforcement agency in the place of my temporary or permanent residence.
4. I understand that if the Court accepts my plea of guilty to a sex offense, Or any criminal attempt, conspiracy, or solicitation to commit any of the foregoing sex offenses, if the offense constitutes a class 2, 3, or 4 felonies and the sex offense was committed on or after November 1, 1998, that the following may occur.
   1. I may be committed to the custody of the Department of Corrections for an indeterminate term having a lower term of at least the minimum, but up to twice the upper limit, in the presumptive range for the class of felony of which I stand convicted, and a maximum term of my natural life.
      1. an example of a presumptive range is, for a class 2 felony of sexual assault, you could serve anywhere between 8-24 years to the rest of your natural life. The judge gets to determine what the minimum anywhere from 8- 24 years would be.
   2. That based upon the results of any offense-specific evaluation and the statutory criteria for granting probation, the Court may grant me an Indeterminate period of probation having a lower term of [class 2 felony:20 years],[class 3 felony:20 years], [class 4 felony:10 years] and a maximum term of my natural life.
   3. If the sex offense I committed constitutes a crime of violence, I will be sentenced to the department of corrections for an indeterminate term having a lower term of at least the midpoint, but up to twice the upper limit, in the presumptive range for class of felony for which I stand convicted, and a maximum term of my natural life.
      1. for example, if we go with the above example of a class 2 felony of sexual assault, but this was determined to be a crime of violence, instead of the presumptive range of 8-24 years to the rest of your natural life, you are now facing 16-48 years to the rest of your natural life.
5. I understand that if the court accepts my plea of guilty to an unlawful sex offense pursuant to the legislator of Colorado, OR any criminal attempt, conspiracy, or solicitation to commit any of the foregoing sex offenses, committed on or after November 1, 1998, and I am adjudged a HABITUAL SEX OFFENDER, then I will be sentenced to the department of corrections of an indeterminate term having a lower term of three times the upper limit of the presumptive range for the class of felony of which I stand convicted, and a maximum term of my natural life. (please see the above explanation).
6. I understand that if the Court accepts my plea of guilty to an unlawful felony sex offense, and I am adjudged to be a HABITUAL CRIMINAL, I will be sentenced to the Department of Corrections for an indeterminate term having a lower term of three or four times the upper limit of the presumptive range for the class of felony for which I stand convicted and a maximum term of my natural life.
7. I understand that if I am granted probation, the probation sentence will continue until such time as the Court discharges me from probation. The Court will conduct a hearing to determine whether I have successfully progressed in treatment and whether I would not pose an undue threat to the community in order to determine whether to discharge the probation sentence. The probation officer and treatment provider will make recommendations concerning whether to release me from probation.
   1. Probation and your treatment provider also have the ability to revoke your probation and send you to the Department of Corrections if you do not comply with either of their requirements.
8. I understand if the court does not discharge the probation sentence at the time of completion of the minimum period of the indeterminate sentence, the Court shall review the denial at least once every 3 years.
9. I understand that if I am sentenced to the Department of Corrections, upon completion of the minimum period of incarceration specified in the indeterminate sentence, the state board of parole will hold a hearing to determine whether to release me on parole. The parole board will determine whether I have successfully progressed in treatment and whether I would not pose an undue threat to the community and whether to release me on parole. The department of corrections will make recommendations to the parole board concerning whether to release me on parole and under what conditions. I also understand that;
   1. If the parole board releases me on parole, the sentence I received to the Department of Corrections continues, and will not be discharged until and unless the parole board discharges me from parole.
   2. If I am released on parole, the period of parole shall be an indeterminate term having a minimum term of 10 years for a conviction of a class 4 felony or 20 years for a conviction of class 3 or 2 felonies, and a supervision term of my natural life. If I am released on parole, I will participate in the intensive supervision parole program until such time as the parole board determines to decrease the level of my supervision.
   3. If I am not released on parole by the parole board, the parole board will review the denial of my parole at least once every 3 years.
      1. IT IS VERY IMPORTANT TO UNDERSTAND THAT YOU WILL NOT BE RELEASED ON PAROLE UNTIL YOU ADMIT TO THE CRIME YOU WERE CONVICTED OF. This is often hard for our clients to admit, as they maintain all through a trial and or a plea of guilty that they did not commit the crime they are charged with.
10. I understand that the Court will order any sentence I receive on the sex offense to run consecutive to any sentence I receive for additional criminal offenses arising out of the same incidents as the sex offense. I understand that the Court can order any sentence I receive to run concurrently with or consecutive to any other sentence I have received or may receive in this or any other jurisdiction for criminal offenses not arising out of the same incident as the sex offense.
11. I understand that my guilty plea is accepted by this Court for any of the crimes listed below, no bail is allowed:
    1. Murder;
    2. Felony sexual assault involving the use of a deadly weapon;
    3. Felony sexual assault committed against a child under the age of 15 years of age;
    4. A crime of violence;
    5. A felony involving the use of a firearm.

What Happens If You Plead Guilty in Court?

It is very important that you understand what you are pleading. So often do people call our office asking to take back their plea of guilty because they didn’t understand the terms of what the plea was. Once you plead guilty YOU CANNOT GO BACK. You are bound by law to submit to the terms of your plea or you will be sent to jail and/or prison.

If you do not understand the plea agreement paperwork or your Rule 11 Advisement, please reach out to an experienced criminal attorney. Colin Bresee is one of the most experienced criminal attorneys in Colorado. Let him help you through this difficult time. Contact us today for a consultation.

See also:

Sex Offender Polygraph Testing

Sex Offender Registration and Deregistration

Sex Offender Intensive Supervision Probation