Yes and no. The prosecution can use your felony theft conviction at trial to discredit your statements to police or your testimony if you choose to testify. They can also use your prior convictions as aggravating factors when it comes to sentencing to support a harsher sentence. If the current... View More

I think you have an incorrect statute number. Article 35.5 of Title 12 only goes up to Section 120.

If you meant a violation of 12-35.5-115, a first offense is a Class 2 misdemeanor which can include a fine of $250 - $1000, and/or a jail sentence of 3 months - 12 months. A second or... View More

The date you signed the waiver.

I'm not entirely sure what you are asking here but yes, a judge can enter a not guilty plea for you and set your case for trial. Especially when you case has been active so long without any movement.

Any felony charge is extremely serious as it will affect you for the rest of your life. You should absolutely consult with an attorney and if you cannot afford one, apply for the public defender.

I agree with the other two answers but have this to supplement:

1. You are supposed to claim monetary "gifts" as income on the sworn financial and child support worksheet. You could argue that the money from his mother is a gift. But, as mentioned by the other attorneys,... View More

There is a general response form that the Courts have available online, see JDF 1315 (google "colorado jdf domestic forms"). You'll need to fill it out, file it with the court, and give a copy to your ex. Also see JDF 11031I- that is the instruction sheet on how to file a response.... View More

If it was brought up and addressed in the divorce (listed on his sworn financial and in the separation agreement), no, you cannot re-open the divorce to get at his 401k.

It depends on the arrangement you currently have- if there is a court order in place, you'll need to modify the terms of the court order first. Your son's father's consent will greatly help in the process as you can file a stipulated amendment to what ever agreement was last adopted... View More

You need to tell her you don't want contact from her any more (you can do this through text). You should also call and make a police report about the harassing texts. If she doesn't stop, apply for a civil protection order against her.

You should really speak to an attorney about how best to address this at your hearing.

The law enforcement agency also provides a copy of the summons to the court and to the district attorney. The court places the case on the docket for the court date on the summons and the district attorney compiles the police reports for the prosecutor to review.

Unless what the new station published was false and they knew it was false or were completely reckless with regard to the truthfulness of the report, no, you cannot sue. That is public information and the press is protected by the First Amendment.

If you failed to appear for the first court date, the statute of limitation does not apply to you. The statute of limitations only applies if a crime is known, or reasonably should be known, and the police/prosecution does nothing about it for the period of time in which that crime falls (the... View More

Short answer to your question: yes, that is true. Your ex's failure to support and maintain a relationship with his daughter can serve as the grounds to terminate his parental rights and clear the way for your husband to adopt your daughter. If your ex consents to the termination and... View More

At your first court appearance, you could show up and explain the circumstances to the prosecutor. However, that can be risky as you may give the prosecutor too much information. Also, the prosecutor will not take it well if you have somehow succeeded in getting the police officer not to show up-... View More

The answer to your question will depend on where you have been cited into court. If you are in municipal court, it will depend on the municipal code for that municipality.

Under state statute, theft of property valued $300.00 - $749.99 is a class 2 misdemeanor. The possible punishment... View More

There are a couple of answers to your question here. First, yes, it is against the law to falsely report a crime. However, the report must be made to law enforcement to fall under the "false reporting" statute.

Second, are more toward your question, when someone files a... View More

You should change the geographical location for this question so that a South Dakota lawyer sees it. Right now, it is popping up in the Colorado section.

The District Attorney should have provided you with a "Complaint and Information" listing all of the charges against you. If the only charge is the POWPO charge, then that is likely all you have been charged with. However, the DA can at any time before trial, amend the Complaint and... View More