Robert Mark Smith prepares for Tuesday afternoon revocation hearing
October 29, 2018
Nearly one month after he was taken into custody, Kremmling resident Robert Mark Smith remains in jail as he awaits his upcoming hearing on revocation.
Smith’s next scheduled court appearance, at 3 p.m. Oct. 30, will be for a revocation hearing, to provide local prosecutors and Smith, along with legal counsel, the opportunity to present their arguments to the court regarding Smith's alleged probation violations.
If Smith, 70, is found to not have violated his probation, his sentence from his previous sentence, the 15-month deferred judgment, will remain in place. If Smith is found to have violated his probation, his deferred judgment will be revoked. If his deferred judgment is revoked, Smith will no longer be able to petition the court to have the records of his case sealed. Prosecutors in the case could also ask the court for a re-sentencing or for additional terms and conditions for Smith's probation.
Smith was arrested Oct. 4 by local law enforcement officials and was subsequently charged with probation violation. Smith is alleged to have broken one of the conditions of his current probation, related to a 15-month deferred judgment in a misdemeanor assault case stemming from incidents that occurred in July 2016.
According to court officials, Smith is specifically alleged to have violated a condition that prohibits him from owning or have access to firearms or explosive devices.
A statement issued by Kremmling Chief of Police Jamie Lucas earlier this month noted that local law enforcement began investigating Smith after it was discovered that Smith had a large quantity of ammunition shipped to him through the U.S. Postal Service.
Smith was taken into custody on Oct. 4. Court officials confirmed he was still in custody as of Monday morning. His bond is currently set at $50,000. His first court appearance following his arrest came on Oct. 5 when his bond was set. He appeared in court again on Oct. 9 when he was advised of his rights and the possible penalties concerning his alleged probation violation. Smith also appeared in court on Oct. 22 for a bond hearing during which the court denied a request by Smith to modify the bond amount.
Smith is being represented in his ongoing probation violation case by private legal counsel from the Denver area.
Smith made headlines last year after he successfully sued the Kremmling Police Department for a violation of his civil rights when police used excessive force against him in 2015.